Day 125 - 12 May 95 - Page 17


     
     1        "Fair Labour Standards Act:  This requires that employees
     2        be paid for all hours worked.  Crew and other hourly paid
     3        employees who work more than 40 hours a week must be paid
     4        overtime.  Employers are prohibited from working employees
     5        off the clock, or from requiring stand-by time (when an
     6        employee who reports to work at the scheduled time is
     7        required to wait without being paid before being permitted
     8        to begin work)".  Is that the law you were referring to the
     9        other day about overtime?
    10        A.  Yes.
    11
    12   Q.   You feel that is a fair position for the employees?
    13        A.  Personally I think it is fair.
    14
    15   Q.   This paragraph, are you only doing this because it is the
    16        law, or are you doing it because you think it is fair for
    17        the employees?
    18        A.  It is the law.
    19
    20   Q.   So you -----
    21        A.  We want to be compliant with the law.  If we have, if
    22        this was not the law and we had the flexibility of not
    23        having to pay overtime -- but I do not think we would
    24        necessarily do it.  At one time we did not have overtime
    25        pay.  There was a time in McDonald's career, McDonald's
    26        history, when overtime was not mandatory.
    27
    28   Q.   So basically you are only going to pay employees overtime
    29        if you are forced to by law?
    30        A.  We want to be compliant with all of the laws, yes.
    31
    32   Q.   But you can be compliant; if there is no law on it then you
    33        are not complying if you do pay them overtime?  There is
    34        not going to be a law saying "You may not pay overtime".
    35
    36   MR. JUSTICE BELL:  Ms. Steel, I do not know why you are asking
    37        these questions.  You cannot advance your case any further
    38        than you have already got.  All you do is risk getting an
    39        adverse answer.  There was a time when there was no
    40        compulsion to pay overtime and you did not pay overtime?
    41        A.  That is correct.
    42
    43   Q.   It is a statutory requirement to pay overtime, so you do?
    44        A.  That is correct.
    45
    46   MR. JUSTICE BELL:  Why not leave it there?
    47
    48   MS. STEEL:   Yes.  (To the witness):  In terms of the other part
    49        of the paragraph about not allowing workers to be scheduled
    50        for work and then held on stand-by without wages, is that 
    51        something that you only comply with because of the law? 
    52        A.  Well, I think there are certain operating philosophies 
    53        that you would want to have, and I do not think it is
    54        really appropriate, and the right thing to do, just to keep
    55        people waiting around.  If you -----
    56
    57   MR. JUSTICE BELL:  That would stick in most people's gullet,
    58        would it not?
    59        A.  Absolutely.
    60

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