[lbo-talk] Is this legal?

Jerry Monaco monacojerry at gmail.com
Sun Apr 30 09:11:31 PDT 2006


1) Any lawyer giving actual legal advice over a list serve could be violating ethical rules or leaving herself open to a law suit.

2) Much of this depends on the locality. So the best advice I can give anyone is go see a local attorney that specializes in employee-side employment law. Ask the local National Lawyer Guild for a reference list or some other left lawyer organization or go to findlaw.com and browse around. You mention that this is at a university. Does the university have a law school? If there is a law school at the University, then there are bound to be free clinics, and liberal law professors, and even one or two left student organizations. They may be able to help you or to refer you to someone who can help.

3) There is simply not enough in your fact pattern for me to tell whether what happened is on the edge of legality or not. For instance, if the workers were to form an organization or complain of working conditions, it is an unfair labor practice to fire such workers for their complaints. But these federal labor laws have very little bite to them and largely go unenforced. The "contract" the workers signed may or may not be binding depending on very particular circumstances that vary widely from state-to-state.

4) One of the reasons that even the most corrupt union is better than no union at all, is that such sign or resign papers, or work or walk overtime rules, usually are weeded out in the course of contract negotiations. In short, often the only protection a worker has is a union. (Unfortunately, we know the problem with unions.) So is there a local worker's rights organization, open minded union, (Justice for Janitors), local employees rights law firm or nonprofit legal org, etc. that these workers can be sent to for advice?

Jerry

On 4/29/06, Tommy Kelly <tkelly15450 at charter.net> wrote:
>
> I wanted to write this anonymously, but I could not figure out how:
>
> Lets say someone works as a Custodial Services at certain well known
> university. Now lets say the higher up have indicated to the workers
> that there will be 2 weeks, in 2 separate months, were the employees
> will have to work for 12 hours a day, for 2 weeks straight (14 days with
> no days off). Also lets say the higher up made the workers sign a paper
> saying they know the 2 week straight is "mandatory" and if someone
> choices not to comply, they will be out of a job. Though the starting
> pay for this branch of custodial services is $7.50 and only goes up to
> around $12.00; a majority of the workers are women with kids, and cannot
> afford to speak up. Question: is it not illegal to make workers go 14
> days straight?
> ___________________________________
> http://mailman.lbo-talk.org/mailman/listinfo/lbo-talk
>

-- Jerry Monaco's Philosophy, Politics, Culture Weblog is Shandean Postscripts to Politics, Philosophy, and Culture http://monacojerry.livejournal.com/

His fiction, poetry, weblog is Hopeful Monsters: Fiction, Poetry, Memories http://www.livejournal.com/users/jerrymonaco/

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