Posted on Mar 8, 2018
Is it acceptable for an employer to make a soldier work extra hours during the week to make up hours missed for drills?
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When he has drill or orders his work makes him work 3-4 hrs longer then his coworkers on days he is available. He complained to work about it and he stated that they said that his work stated that since he has drill they will use up his hours during the week. To me it seems like a punishment for him having his military obligations, but I'm not really sure if USERRA addresses this type of employer behavior. Any help is appreciate.
Posted 7 y ago
Responses: 14
Hmm, I've been out of the civilian workforce for quite a while, but I've had a full-time job since I was 15; doesn't working extra hours equate to MORE money? Are they forcing him to work for free?
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SP5 Peter Keane
Many years ago, I was told to work 4 hours mandatory overtiime/ I asked to see a Steward, Supervisor said. "you don't need a Steward you need a timekeeper to make sure you get time and a half." Change d my perspective for life.
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Aaand occasionally I see things that help me understand why employers sometimes don't support the guard and reserve programs.
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SPC David Willis
Its a two way relationship. Yes they're legally required to let you leave, but if you don't make an effort to make it up to them you wont have a successful tenure there.
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SGT (Join to see)
As this soldier is putting in 11-13 hr work days on the week he has drill instead of 8 or 9 it becomes a quality of life issue. Further CSM, I was asking about the legality of it. If he is force to make up work he missed because of drill or orders, to me and apparently usserra seems like retaliaiton for him having to serve.
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SPC David Willis
SGT (Join to see) - I'm not entirely sure its retaliation as according to USERRA there are very clear definitions of what retaliation is, it may be they don't have OT budgeted so they still need him to work his standard hours, not to mention plenty of people work 11-12 hour days. I spent some time researching it because it is an interesting question, and I could not find anything one way or the other which usually means it defaults to whatever the boss says goes. Also as there is nothing (that I could find) on USERRA website regarding missed time, other than they cant force you to use banked PTO, retaliation laws probably wouldn't apply anyway.
One caveat I would look into is how they treat other employees. There is a part that says an employer can deny you the opportunity to make up the time BUT only if they deny everyone else if they miss due to illness or whatever. If they are treating your soldier differently ie: not forcing other employees to make up time missed for illness or personal issues (not including banked PTO) you may have a case. But definitely contact USERRA before you reach out to any attorneys.
One caveat I would look into is how they treat other employees. There is a part that says an employer can deny you the opportunity to make up the time BUT only if they deny everyone else if they miss due to illness or whatever. If they are treating your soldier differently ie: not forcing other employees to make up time missed for illness or personal issues (not including banked PTO) you may have a case. But definitely contact USERRA before you reach out to any attorneys.
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CSM Richard StCyr
SGT (Join to see) - Like I said, sometimes I see things and start to understand why folks are the way they are, and conversations like this help me understand the opinions and attitudes I sometimes encounter when interacting with small business owners. After 30 years in the service and several years as lead superintendent on large projects 11-13 hour days aren't that big a deal, but then again it's all perspective.
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Is he a salaried employee or hourly? Is he under contract to work X number of hours per week? USERRA isn't going to be any help if there are stipulations that he agreed to when he got hired.
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SSG Edward Tilton
His employer may have found a loop hole. The employer is required to excuse him for drills but no required to pay him for that time. I would report him and let JAG sort it out
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