Is it acceptable for an employer to make a soldier work extra hours during the week to make up hours missed for drills?

2018-03-08T00:02:14-05:00

When he has drill or orders his work makes him work 3-4 hrs longer then his coworkers on days he is available. He complained to work about it and he stated that they said that his work stated that since he has drill they will use up his hours during the week. To me it seems like a punishment for him having his military obligations, but I'm not really sure if USERRA addresses this type of employer behavior. Any help is appreciate.

Response by SGT Private RallyPoint Member made Mar 8 at 2018 12:03 AM

2018-03-08T00:03:02-05:00

Sorry I meant 3-4 hours longer per day.

Response by COL Private RallyPoint Member made Mar 8 at 2018 12:33 AM

2018-03-08T00:33:53-05:00

Is he a salaried employee or hourly? Is he under contract to work X number of hours per week? USERRA isn't going to be any help if there are stipulations that he agreed to when he got hired.

Response by MAJ Private RallyPoint Member made Mar 8 at 2018 7:41 AM

2018-03-08T07:41:00-05:00

Generally employers can't take any adverse action against an employee for their military obligations. This sounds like it could be retaliatory in nature. I'd definitely advise him to go to http://www.esgr.mil and talk with an ESGR rep. They are extremely helpful and should be able to resolve the situation.

Employer Support of the Guard and Reserve Home

With an ESGR committee in each state, territory, and the District of Columbia, there is an ESGR representative able to help you forge a stronger bond with your supervisor through a greater understanding of your military service.

Response by SFC Private RallyPoint Member made Mar 8 at 2018 8:21 AM

2018-03-08T08:21:01-05:00

Hmm, I've been out of the civilian workforce for quite a while, but I've had a full-time job since I was 15; doesn't working extra hours equate to MORE money? Are they forcing him to work for free?

Response by SPC David Willis made Mar 8 at 2018 10:51 AM

2018-03-08T10:51:10-05:00

I'm not sure if they are allowed to do that, but when I was in the guard I would volunteer to work longer hours the week leading up to when Id be gone. Yes they have to let you go by law but its an inconvenience to them, and if you aren't willing to work with them they will remember that come time for promotions. Its illegal to discriminate based on military status, but its not illegal to use his willingness or lack there of to help the company out when it comes to weighing raises and promotions.

Response by SGT Eric Davis made Mar 8 at 2018 11:25 AM

2018-03-08T11:25:50-05:00

Well if they make him work when he available then he need to tell them he not available if he don’t wanna work. Also since he is hourly then the money won’t hurt cause he is getting paid for his time. What kind of work he do?

Response by CSM Richard StCyr made Mar 8 at 2018 11:54 AM

2018-03-08T11:54:09-05:00

Aaand occasionally I see things that help me understand why employers sometimes don't support the guard and reserve programs.

Response by SSG Private RallyPoint Member made Mar 8 at 2018 3:07 PM

2018-03-08T15:07:03-05:00

Without knowing all the fine details and the people involved, I'd say they're doing him more of a favor than anything. They're allowing him to work full-time hours during his drill weeks so he's not losing out. Since I've been in the Guard I don't think that I've ever had an employer do anything like that.

Response by SGT Private RallyPoint Member made Mar 8 at 2018 3:36 PM

2018-03-08T15:36:21-05:00

So I reread my post. I left some stuff out. I apologize. He has had other issues with this employer, scheduling him on drill weekends, working him till 3-4 am the morning of a drill or order date. When he has drill or orders the shop he works at will max out his hours allowed by the company. When he does not have drill or orders his hours are not maxed out. I have seen his time sheets and it's pretty consistantly exactly as stated above for the past year.

Response by SSgt Private RallyPoint Member made Mar 8 at 2018 11:34 PM

2018-03-08T23:34:39-05:00

Does anyone else interpret the employer "Forcing" (allowing? dependent on context) him to work more hours, to be the opposite of discrimination/retaliation defined by the ESGR?

I could see him having a case if they terminated him when he refused to work the extra hours if he is the only once "forced" to work them. If he is the only employee being terminated for that reason and other employees do not incur penalties for refusing to work overtime.

Like others have said, the ESGR rep would best answer this question.

Response by SSgt Private RallyPoint Member made Mar 8 at 2018 11:39 PM

2018-03-08T23:39:35-05:00

This may be a good resource:

https://webapps.dol.gov/elaws/userra.htm

elaws - employment laws assistance for workers and small businesses

Replace the word

Response by 1SG Edward Richards made May 9 at 2018 10:51 PM

2018-05-09T22:51:12-04:00

This is a no no. Check the reg on the subject.

Response by Sgt Mathew Meyer made Jul 16 at 2023 2:53 PM

2023-07-16T14:53:06-04:00

ESGR Ombudsman Director/ESGR National Trainer/Attorney here.
Absolutely NOT! He can volunteer for those extra hours, but an ER cannot require he work those as a condition of taking military service. 20 CFR 1002.87. Or simply because he's taken military service, which would be considered "an adverse employment action" in which the SM's uniformed service was "a motivating factor." 38 USC 4311.
Contact ESGR (http://www.ESGR.mil) if this situation persists and we can mediate. Otherwise, contact DOL VETS, which has the authority to investigate violations.

www.ESGR.mil)

Response by MSG Thomas Currie made Jul 17 at 2023 12:46 PM

2023-07-17T12:46:00-04:00

Your employer has to let you attend drill and ADT
Your employer does not have any obligation to pay you for time missed from work.
Your employer does not have any obligation to adjust work requirements other than allowing you to attend drill and ADT.

Perhaps we are all missing something that you didn't mention but this story seems to fall apart without more information. From your account, it seems the person (YOU??) normally works an 8 hour day. If that person's regular work schedule includes working weekends, they would need to be off from work two days once a month - missing their regular work for about 16 hours one week each month. The employer apparently is expecting them to make up that time by working longer on the days that they are available for work. More information about the work schedule, the kind of work, and how the employees work is measured would be needed to make much sense of the so-called Quality of Life issue.