Day 125 - 12 May 95 - Page 18


     
     1   Q.   Have you ever done that at McDonald's?  Have people have a
     2        scheduled time to start, turned up on time but be told,
     3        "You cannot start yet", and not have them clock on until
     4        they could start?  Has that ever been a McDonald's
     5        practice?
     6        A.  That has not been a practice.  Has that occurred?  Yes,
     7        that has occurred.  There have been, you know, cases like
     8        that that have occurred.  You asked me the day before
     9        yesterday about cases where as a supervisor or store
    10        manager what were some of the things that are covered.  In
    11        informal conversations with employees there were a couple
    12        of situations where a particular assistant manager did
    13        that, and I sat him down and said: "This is not the way we
    14        operate at McDonald's.  This is not the right thing to do,
    15        the fair thing to do".  But those are isolated situations.
    16        It is not a practice.
    17
    18   MS. STEEL:  So you think it would be unacceptable and unfair
    19        practice for the employee if that was happening to them?
    20        A.  I think it would be.  I do not think we would wind up
    21        having the complement of people we would want to have at
    22        our restaurant if we made that a practice.  That is just a
    23        fact of business.  I do not think any employer would be
    24        able to maintain the staff, necessary staff to run his or
    25        her business if, in fact, on a regular basis people were
    26        scheduled in and they were asked to wait an hour or two
    27        hours before they were punched in.  They just would
    28        not -- they would be out of business rather quickly,
    29        I would think.
    30
    31   Q.   What does it mean where it says that employers are
    32        prohibited from working employees off the clock"?
    33        A.  What does it mean?
    34
    35   Q.   Is that where they are working but they are not clocked in?
    36        A.  That is what it means.
    37
    38   Q.   In those circumstances, either they were not getting paid
    39        at all, or they were being paid a bonus, or something like
    40        that?
    41        A.  That is prohibited.
    42
    43   Q.   You would consider that totally unacceptable?
    44        A.  Totally unacceptable.  Again, I do not think you would
    45        have that.  Any employee that would be subjected to that, I
    46        do not think would be a employee very long.  They would not
    47        want to be employed by -----
    48
    49   MR. JUSTICE BELL:  Can you tell me when the Fair Labour
    50        Standards Act was passed, and whether you know -- and the 
    51        answer may be just that you do not know -- whether all 
    52        these provisions came in at the same time, or different 
    53        statutory provisions, which now amount to the Fair Labour
    54        Standards Act?
    55        A.  Some of these, my Lord, were already on the books at
    56        the time.  I believe the Fair Labour Standards Act over
    57        time has been amended, has been updated.  Mr. Stein, when
    58        he comes in as our expert in the area, would be able to let
    59        you know when the Standards Act was updated.  He could give
    60        you the exact date, I am sure, or could get that

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