Topics 26-837
Dave,
I was referred to you by the national office. Earlier this month, I had taken part in the "observation day," for an organizing campaign with Grassroots in Madison, WI. To my surprise, this required 10-hour day of observation, training, and work, was uncompensated. The local campaign organizer seemed to think that this was legal after I addressed it to her. However, I don't believe it is... at all. According to the Fair Labor Standards Act four criteria must be met for meetings/training sessions to not be considered working time:
1) Attendance is outside of the employee's regular working hours (not met)
2) Attendance is in fact voluntary (work is involuntary if it does not adversely affect the continuance of employment; again this requirement is not met)
3) The training is not directly related to the employee's job (this is also defined in detail in the Chapter 29 of the Code of Federal Regulations pertaining to the Employment Standards Administration, Title 29, Chapter V, Part 785, Subpart C; this requirement is not met)
4) The employee does not perform any productive work during work (not met)
Because you are required to attend this day of work, one should undoubtedly be compensated for its entirety. Making the trainees raise money on their own amounts to nothing more than abuse. Quite possibly one may contend that since no tax forms, contracts, etc. were signed prior to the observation day, that it is legal. However, this is not the case, again, if it is required, and if you are performing tasks for the company/organization.
I write this not because I am concerned with punitive actions against your organization, but because this is exactly the sort of malevolent, unfair practice that goes on daily in the private and even public sectors. I have sincerely supported (and even contributed to) these campaigns, but I now second guess myself. To be a "progressive" organization partaking in battles for the good of all at the price of people's livelihood is nothing more than a poignant hypocrisy. This hypocrisy is not only astounding, but embarrassing. Several of the people I worked with that day were students, and several were middle-aged working people. Not that anyone should encounter these unfair labor practices, but it's likely that some people have taken ten hours out of their lives, away from other obligations, to earn not a penny for their performed work. I have been in a union for four years and have seen these issues dealt with continuously. I have certainly not ruled out attempting to organize the people that work for this organization. This scenario has clearly illustrated the utility of organized labor... sadly. Please contact me at this email address.
Later we will discuss this. Other issues that need clarification and discussion:
1) Chiropractically adjusting dogs: why not?
2) Is giving to charity the same as giving people medicine for cancer?
3) Machines now do a lot more work that humans. For example, it only takes a week or so for about 4 guys to move a bunch of dirt. What does this mean?
4) If the governor cuts jobs to help us save our tax $ (thus providing the state with cheaper contracted jobs), doesn't this just bring less money into the state?
5) I remember when we agreed that Phil Collins and even Genesis were pretty good. Was that true?
6) I bought a couple of Rush albums for a dollar each today. One was Moving Pictures. Was it worth it? I don't really like Tom Sawyer or Limelight