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Scathach
Apr 4, 2011

You know that thing where you sleep on your arm funny and when you wake up it's all numb? Yeah that's my whole world right now.


Four days ago my boss installed a camera that picks up audio as well as video. He has cameras all over, that's fine, but the audio part is a bit strange because I know he's a paranoid and angry person. He got arrested last year for going to an ex-employee's new job and attacking him because of a percieved slight, and that's after he tried hiring another employee's husband and a homeless guy to beat the ex-employee up.

Anyway, today he finally put a sign up warning customers that entering the store is "consent to audio recording" but he's been recording people's conversations for a bit now.

He also has us all sign the paper below to continue our employment. I know in WA we can be terminated for anything so of course I signed it. As far as I know, WA is one of the few states that allows employees greater rights according to the 4th Amendment, so I don't know how legal it is to search someone's car without a warrant. We don't ever use our vehicles for anything, or have lockers, desks, or anything with us but our purses. Does this document allow him to search anything we carry with us?

This is a small shop in Snohomish County. Basically I just want to know how legal all of this is. If it is, cool, I can deal with that. If it's not legal, how do I go about protecting myself, my co-workers, and our customers?

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bvj191jgl7bBsqF5m
Apr 16, 2017

Í̝̰ ͓̯̖̫̹̯̤A҉m̺̩͝ ͇̬A̡̮̞̠͚͉̱̫ K̶e͓ǵ.̻̱̪͖̹̟̕
What's the store?

If Washington is an at-will employment state, he can basically do anything he ever wants to you up to and including killing you and replacing your role within your family under threat of firing you if you don't consent to it.

Scathach
Apr 4, 2011

You know that thing where you sleep on your arm funny and when you wake up it's all numb? Yeah that's my whole world right now.


bvj191jgl7bBsqF5m posted:

What's the store?

If Washington is an at-will employment state, he can basically do anything he ever wants to you up to and including killing you and replacing your role within your family under threat of firing you if you don't consent to it.

It's a smoke shop, and it is an at-will state.

I've been trying to figure out if this is true:

quote:

While public employees have the protection of the Constitution, at least nine states (Alaska, California, Florida, Hawaii, Illinois, Louisiana, Montana, South Carolina, and Washington) have provided those same rights regarding privacy to private employees.

I'm also confused if entry can be consent to audio recording as far as customers are concerned, just because there's a warning on the door.

E: one other thing is that he pays us according to schedule rather than actual work. Once the clock hits 10, we're off the clock even though closing takes 15-20 minutes.

Scathach fucked around with this message at 05:26 on Jul 13, 2017

fantastic in plastic
Jun 15, 2007

The Socialist Workers Party's newspaper proved to be a tough sell to downtown businessmen.
I'm not a lawyer, this isn't legal advice. It seems like the audio part of that could get that business in trouble. Imagine if someone had a conversation on their cellphone while in the shop -- the other party to the call would almost certainly not have given consent for the call to be recorded, even if the person in the shop did.

Also, I'm still not a lawyer, but the thing in your edit sounds like wage theft and you could probably report your employer to the local labor board.

Coolness Averted
Feb 20, 2007

oh don't worry, I can't smell asparagus piss, it's in my DNA

GO HOGG WILD!
🐗🐗🐗🐗🐗
Yeah not familiar with Washington but I don't know if any states actively allow an hourly employee to be forced to work off the clock. Especially if that closing up is prepping the store/whatever and not say returning PPE or shop owned uniform stuff.

shame on an IGA
Apr 8, 2005

walk the gently caress out at 10pm and leave the door open

Ham Equity
Apr 16, 2013

i hosted a great goon meet and all i got was this lousy avatar
Grimey Drawer

Coolness Averted posted:

Yeah not familiar with Washington but I don't know if any states actively allow an hourly employee to be forced to work off the clock. Especially if that closing up is prepping the store/whatever and not say returning PPE or shop owned uniform stuff.
IANAL, but I know Amazon got a favorable ruling on forcing employees to stay at work an extra thirty minutes unpaid in order to go through security. Why? Because gently caress 'em, that's why.

https://www.washingtonpost.com/poli...m=.9669b113918d

But if you're actually doing poo poo during closing time, I cannot imagine he wouldn't be required to pay you for it. Either way, I would get the gently caress out of that job ASAP. You can probably make double what he's paying you in Seattle if you're willing to commute and work in food service.

DangerZoneDelux
Jul 26, 2006

You would go here to file a complaint for wage theft
http://www.lni.wa.gov/WorkplaceRights/ComplainDiscrim/WRComplaint/default.asp

If you do that you will probably lose your job but you have three years past the date of the theft to file. As poster above said if you are actually working it's definitely wage theft. I do some pro bono work for the Texas equivalent of that agency and employees usually win if they can keep a good record

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GWBBQ
Jan 2, 2005


Scathach posted:

E: one other thing is that he pays us according to schedule rather than actual work. Once the clock hits 10, we're off the clock even though closing takes 15-20 minutes.
That's flat-out illegal under federal law unless you're FLSA exempt. https://webapps.dol.gov/elaws/whd/flsa/hoursworked/sufferpermit.asp

quote:

All time is hours worked which an employee is required to be at work or allowed to work for his or her employer. An employer may hire a person to do nothing or to do nothing but wait for something to do or something to happen.

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