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View Diary: John Metz~Denny's~Retaliation Tactic (30 comments)

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  •  onus is distinct from responsibility -- (1+ / 0-)
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    JayRaye

    do you mean to say that all employers are required to file periodic proof of compliance with the law?  If that is the case, then I stand corrected.  

    If not though, then the onus, the burden, for complaints of non-compliance rests with the employees who are not being compensated fairly, regardless as to whether or not they understand their rights.  My understanding was that the structure of the law is not of oversight, where compliance is recorded, but of regulation, where violations must be reported in order to be addressed.

    As for your dismissal of the "worry" of fraudulent claims being unfounded -- it is simply not sensible to ignore the potential for cheating employees merely because it is so much easier for the employers to be abusive.  I don't have any need to disagree with the idea that it is easier for employers to be abusive in this manner -- my point was merely that this law makes it clearer that (and why) tips are considered part of wages and must be reported, otherwise such an abuse by employees is made easier to accomplish.

    It seems curiosity has killed the cat that had my tongue.

    by Murphoney on Sun Nov 25, 2012 at 08:20:39 AM PST

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    •  "such abuse by employees is made easier" (0+ / 0-)

      did you mean "such abuse by EMPLOYERS is made easier to accomplish"?  

      You seem to believe in some large fantasy class of "cheating employees" ie ones who would make "false" claims against compliant employers, even as you admit it is much easier for employers to abuse employees.  

      I've spent a lot of time with managers, directors, executives, CFOs, owners, shop stewards, in union and in non-union shops.  I am currently a director of a shareholder owned retail business. I've had to arbitrate and defend against all manner of real and false claims.  I've had to deal with private attorneys and union business agents threatening me with lawsuits or the NLRB for unfair practices of some sort or another.  I can tell you, as an agent of management, your fear of employees filing false claims versus management or owners who violate the law or union contracts is a fear without much practical weight.  The disproportionate violations are on the part of owners and management because that is where the power rests.  

      Which is why I believe so strongly in unions.  All kitchen and waitstaff should unionize.  It's the best protection that workers can have.  

      "Out of Many, One Nation." This is the great promise of the United States of America -9.75 -6.87

      by Uncle Moji on Sun Nov 25, 2012 at 10:08:37 AM PST

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      •  I have no fear, I have no worry. You are arguing (0+ / 0-)

        against air.  I'm not saying what you think I am.  I haven't said it.  

        Read what I did say.

        It seems curiosity has killed the cat that had my tongue.

        by Murphoney on Sun Nov 25, 2012 at 10:15:20 AM PST

        [ Parent ]

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