Complaint Review: Labor Ready Inc.

I Have Some Current Information (2007-2008) regarding employment practices in the Tacoma, WA office. Email me at LaborReady@stalkinginterventionsinc.org OR you can check the \LaborReady directory on the same site in a few weeks. I'm still uploading my evidence.

I was a Manager for Labor Ready for 5 years, and I had surgery and they tried to get over on the FMLA thing with me though. Because I have a degree in HRM, I wouldn't let it fly. In my former district they would try to make you take FMLA if you had a common cold or flu, so you won't utilize your sick days. They drive you into the ground provide you with no quality of life. I didn't even get flowers.... I had a major procedure with complications and all they had to say to me was when are you returning. I wish I would have taken a stance on things when I was there but good luck to you.

Jim,

Here in Florida, management CAN file a labor claim, and win for overtime compensation. Just because you are paid a salary, does not mean an employer can work you as many hours as they want, contrary to popular belief.

You should fully read the provisions regarding "exempt" and "non-exempt" management, as well as understanding the fact that you can be hourly management here in FL. There is no legal requirement to be on salary to be a member of management.

To the OP,

You should see my posts here on ROR on TROPICANA - Bradenton Plant for the balatant illegal/unethical practices they engaged in against me. You will find many resources in those posts that may help you.

Search: Tropicana, Tropicana Products, Tropicana Manufacturing, PepsiCo, Pepsi, QTG, Quaker - Tropicana - Gatorade.

I wish you the best of luck.

You obviously are oblivious to to FLSA (Fair Labor Standards Act) and the definition of a Manager. Two lawsuits have been lost in California against Labor Ready as a result, and BOTH WERE CLASS ACTION SUITS! As for violations of Sarbannes-Oxley, I'll leave that up to the investigators at the various departments of Insurance to decide on how they want to pursue there own charges. (Yes, they found my information provided them right in line with other complaints across the country). Imagine that.

A word to the wise - if you are not familiar with employment law, then the following applies: It is better to keep your mouth shut and let people wonder about how smart you are then to open your mouth and remove all doubt.

I suggest to everyone out there - KNOW YOUR RIGHTS!

Cathy, in the position of "manager", you would be considered an exempt employee and not entitled to OT under the law in FL and every other state. The only claim you could file is if you really weren't a manager. In other words, did you direct and manage employees in the course of your job? If you did, you have no case and nowhere to go.

If you were not directing employees in the course of your job, you might have a case as you may not be a manager. However, you might still be classified as an exempt employee if other people in different companies in your position were also considered exempt based on responsibility. If this isn't the case either, then you would be considered non-exempt, and subject to payment of OT. You should talk to a labor attorney about your options.

OP, you are not in a proper position to determine whether a company is in violation of Sarbannes-Oxley based on the description of your title and what you did in the company. Unless you work in a Corporate Financial role (Accounting Manager or higher), you would not and should not have access to this information. If you had access to this information, then you and some people in Corporate Finance are going to have trouble explaining why you have access to this information since revealing such information to others (who then might rely on such information to their detriment) could also be in violation of SEC laws dating back to 1934.

Cathy -

I recommend that you talk to an attorney asap. You were obviously retaliated against and to answer your question Yes, you are entitled for OT under the FLSA. I have just filed a lawsuit and one class action has aleady been one in California for Labor Ready not paying its managers OT. In LR, as a BM you are nothing more than a CSR with a management title.

Good Luck

I worked for Labor Ready as a CSR and then Manager for 4 yrs. It was my experience that they are a prime example of the "good ol' boy" mentality at it finest. You either keep your mouth shut and do as told or you will be forced to find employment elsewhere. As a manager I worked on average 65 hours per week but being on salary I was never compensated for OT. I dont know if in my state (Florida) I am entitled to OT pay or not.
I was dismissed because I had knowledge of unfair practices as well as a sexual liason a manager was having with our district manager. Funny that after I was dismissed this liason was discovered and the district manager that terminated me was also terminated. What goes around comes around I suppose.
I must also add that the reasons I was given for my termination was because I had a "big mouth" . I had challenged a "new" bonus structure and did not understand the structure of it. He also added that everytime he (DM) talked to me he felt like he was talking to his mother. Go figure.

A few things for you.

First, you allege violations of four different federal laws, but the only one that I think you have really presented a claim under is one that isn't listed. This is the "Whistleblower's Protection Act."

You didn't really state a Tiltle VII case per se, because your termination was the result of your reporting of discriminatory practices, rather than the discriminatory practices themselves. I doubt that you would have standing under Title VII, but I could be wrong - there may be something in there that protects reporters as well as victims.

"RICO" stands for Racketeering Influenced and Corrupt Organizations (or something to that effect). It was put into law originally to fight organized crime. You would have to show much more than a couple of isolated incidences to show a RICO violation. Beyond that, RICO is a criminal law, meaning that the claim would have to be brought by a prosecutor's office, not you individually.

Sarbanes-Oxley is primarily concerned with accounting practices and securities issues, but there are some sections that MAY be pertinent to your situation, although you haven't stated such.

Most of us are familiar with the FMLA, but you didn't state any violations of that Act either. Not that they don't exist, but you just haven't stated any.

Now, you made a comment about arbitration with the EEOC that isn't accurate. ALL Title VII cases have to go through the EEOC, or a state's equivalent agency, before they can go to a federal court. Your employer doesn't have an arbitration agreement with the EEOC, this is just how EVERY case goes, no matter who the employer is. Most of the time, the EEOC doesn't resolve the issue, and the alleged victim is then allowed to take the case to court.

But I'm not sure that you would have to go through the EEOC, because you are claiming retaliation for reporting discrimination, not that you were discriminated against yourself.

I'd like to see some more details about your claims, and why you think laws such as RICO, Sarbanes Oxley, and the FMLA have been violated.

Also, I know the term "class action" sounds really cool, but there are stringent requirements on when a group of people can make up a "class" that aren't met in most cases. And in employment cases, you more or less have to show that a single corporate act had the same effect on numerous employees. A widespread pattern of various legal violations isn't sufficient.

Further, if you want to bring multiple distinct claims against the company, it is VERY unlikely that a class action is in your best interest.

Best regards!