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      CommentAuthorFrenchFrys
    • CommentTimeJan 18th 2011
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    So we all know that most of us are commission based. As far as California state law goes, if we have to clock in and out, how can there be any kind of legal manuevering to have the draw system and keep people held liable for sales quotas when a base salary is not officially being paid. Say for instance, if I got into draw for 2 weeks and had a steller week later and had to pay it back, how is this not a guaranteed base pay according to state law?  
     
    When I signed up to work at Frys, I did sign a employee handbook but there is nothing in there to waive my rights to the employment laws mandated by the state. I hear this being discussed in many lunchtime conversations and I think it is a matter of time before some lawfirm decides to take this on and make some money.  
     
    Are they any of you guys in the know about details on how Fry's legal departmant had crafted this system and the contingency plans if they were to run into problems later down the road. I'm sure they had really thought things out before they decided to really this in place at the beginning of 2010 but I'm really blown away by the audacity of such a business model.
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  2.  permalink
    You know that piece of paper you sign whenever you pick up your paycheck. Well you just signed any right you have away in that signature. Or whenever they get you to sign in for Vcon.
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      CommentAuthorObiWan
    • CommentTimeJan 18th 2011
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    No employer can make you legally sign away any rights or protections provided by employment laws. They may tell you that you can, but the courts will quickly nulify this.  
     
    I'm actually quite surprised that the California AG office hasn't done a thorough investigation of Fry's practices. I know that their office (along with local and federal jurisdictions) have received multiple complaints regarding Fry's practices.
  3.  permalink
    I don't get what you are complaining about. Would you rather make an hourly wage of $8/hr plus commission? You know that us in Components/AT have to close because of this and we have to stay past 11 making min wage. Computers and AV do not have to because of their no hourly. They also don't have to do inventory because of their no hourly pay. Did you also want them to take away the draw system, so if you make no money you get no money on your paycheck? Just do us all a favor and quit. People will always find something to complain about. Wah wah, I make hourly, wah wah, I don't make hourly, Fry's is ripping me off, blah blah. Go work for Best Buy for $8-10 an hour or go find a real career.
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      CommentAuthorFrenchFrys
    • CommentTimeJan 19th 2011
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    I'm not really complaining, just puzzled by the company's direction and doublestandardness. I actually do like my co-workers and supervisors and do my job as best as I can to make them and the department look good. Ofcourse I will go get a better fitting job when the economy gets better but my question is about employment law and the loopholes thrown down to manipulate it.
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      CommentAuthorObiWan
    • CommentTimeJan 19th 2011
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    FrenchFrys - until the double-standards (and IMHO, questionable and often illegal practices) of Fry's get brought to the attention of the appropriate local/state and federal agencies, and perhaps the local news agencies (to force the local/state/federal agencies to take action), nothing will change. Fry's will continue to get away with what they do. How many years (decades perhaps) did Walmart get away with their employment practices, until the legal system (and government agencies) forced them to change their ways? Until Fry's practices are brought to the public arena, nothing will change.  
     
    That said, as far as getting a "better fitting job when the economy gets better", start preparing yourself now for that job. Be it in computer/tech support or whatever, get the education you need to make the jump to a real job. And you need not wait until the economy starts getting better. Start looking now.
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      CommentAuthorFrenchFrys
    • CommentTimeJan 20th 2011
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    Thanks Obi Wan and thanks for playing the devil's advocate RandomFrysguy.  
     
    Yeah, I was just looking for a job for the longest time. I already have a degree and experience but it seems that many job markets are saturated with good talent from other displaced industries. I've turned down jobs that required my qualifications because of low ball tactics from opportunistic employers. There are also a few guys I work with that had come from great paying white collar jobs too. I will definately say that Fry's is the best place to work if you want to cut it in the retail business, it's just the fact that I don't like to be treated like a sheep when I am held accountable for weird quotas (I mean, why can't I just sell monster cable products inclusively and still get credit, why does it have to be attached to count). It should go both ways if I'm looking out for a company, the company should look out for employee's interest too and not short change them. The last time I check, this was a first world nation with laws that employers had to follow just like its employees do.  
     
    I have no stake working at Frys in the long run and its sad to see when the people who had built a life around it are being let go for petty reasons. All I can say is that I am making the most of my situation for right now and actually learning a thing or two about market mechanisms.
  4.  permalink
    I don't really understand what this double standard is? Are either of you using the correct word here? I don't understand the legality issue of this is either? I honestly do not understand the hate.
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      CommentAuthorFrenchFrys
    • CommentTimeJan 20th 2011
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    Yeah, I got it RandomFryGuy.  
     
    Who really cares anyways.
  5.  permalink
    we are actually scheduled up to an hour after close to "help the department." There are no hopes of compensation with no customers.
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      CommentAuthorObiWan
    • CommentTimeFeb 8th 2011
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    Guest: we are actually scheduled up to an hour after close to "help the department." There are no hopes of compensation with no customers.
     
     
    I believe that goes against most state labor/wage codes. Fry's should be compensating you for that.
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      CommentAuthorFrenchyFry
    • CommentTimeFeb 8th 2011
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    Something Major will happen with the new Pay in California.  
     
    Fry's made a BIG mistake.  
     
    And they will Pay BIG TIME for it.
  6.  permalink
    Guest: we are actually scheduled up to an hour after close to "help the department." There are no hopes of compensation with no customers.
     
     
    AFAIK at my store they leave about 30m after the store closes. That is fine because we let customers come and go after closing anyway.  
     
    FrenchyFry: Something Major will happen with the new Pay in California.  
     
    Fry's made a BIG mistake.  
     
    And they will Pay BIG TIME for it.
     
     
     
    Can you elaborate on this?
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      CommentAuthorFrenchyFry
    • CommentTimeFeb 10th 2011
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    Yep, Fry's Fu**ed up.  
    They started taking away Commissons along with Hourly from Paychecheks.  
    They alread paid a settlement..... Cant think the name of it,  
    And now they will pay a Major one coming soon.....For all Associates.
  7.  permalink
    Is ObiWan sticking up for Fried employees?
    I loled
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      CommentAuthorObiWan
    • CommentTimeFeb 10th 2011
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    Guest: Is ObiWan sticking up for Fried employees?  
    I loled
     
     
    Fry's skirts the edge, and often croses over, state and federal labor laws. Eventually, they'll get caught.
  8.  permalink
    I'm sure Fry's has enough legal sense to know what they can and can't do guys.
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      CommentAuthorObiWan
    • CommentTimeFeb 11th 2011
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    Guest: I'm sure Fry's has enough legal sense to know what they can and can't do guys.
     
     
    That's what Walmart thought...
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      CommentAuthorskullywag
    • CommentTimeFeb 12th 2011
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    ObiWan:
    Guest: I'm sure Fry's has enough legal sense to know what they can and can't do guys.
     
     
    That's what Walmart thought...
     
     
    LOL  
    I suggest anyone who thinks their company has legal sense, do a search on the nations largest retailer Walmart. Google: "Walmart Class action lawsuit"....you will find pages of results, and no, they are not all different takes on the same story. Walmart had quite a history of playing GOD with their employees ...and got away with it. No more....they've been handed their ass quite a few times in recent years.
  9.  permalink
    Check out the documentary Wal-Mart: The High Cost of Low Price on Netflix. I was blown away how much like Wal-Mart Fry's is.
  10.  permalink
    I strongly URGE ALL employees to seek a lawyer regarding this illegal hour , payback draw structure Fry's has this seems illegal as fuck
  11.  permalink
    Fry's definition of a 'commissioned salesperson' is seen as a 'independent contractor'. You are providing your services to Fry's as a computer salesperson. In return Fry's provides you with a place to sell, goods to sell (free of charge), and wages based on what you sell; hence commission only pay. When you go into the draw you are unable to provide your services as a computer salesperson to Fry's. The three week time period is a grace period before you are let go under failure to provide services.

    The 'illegal' hour, as far as I know, is legal. A work day or period is defined as roughly eight hours a day. Under California law employees must be provided with no less than a thirty-minute meal period when the work period is more than five hours. Unless the employee is relieved of all duty during his or her thirty minute meal period, the meal period shall be considered an "on duty" meal period. This is why you must clock out before your fifth hour. When you clock back in you are continuing your eight hour work period even if the store closes.
  12.  permalink
    Yeah take that Best Buy!
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      CommentAuthorObiWan
    • CommentTimeApr 16th 2011
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    FWIW, I received a letter yesterday regarding a class action lawsuit filed by/on behalf of employees of a company I used to work for. The letter was advising of a preliminary settlement offer, to settle the class action lawsuit without admitting guilt. My former (can I say ex?) employer is a Fortune 100 company.  
     
    The gist of the suit was related to the improper classification of employees as exempt vs. non-exempt. Still maintaining that they did no wrong, they are ponying up an eight figure settlement to be divided amongst 460 members of the class action. Payout depends upon how long you worked for them, with the average individual amount being between $10-15k.  
     
    So, Fry's employees - it can be done. It just takes finding the right law firm that has the cajones to take on Fry's (which really isn't that difficult). Kathy Kolder at Fry's may talk tough, but Fry's has a vulnerable and unprotected underbelly.
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      CommentAuthorasdf
    • CommentTimeApr 16th 2011
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    thats a nice little bonus. Are you going to take advantage?
  13.  permalink
    The quick work around for this 'illegal work hour" is simple, Your supervisor will attempt to ask you to work extra near the end of your shift but cannot make you

    work it , if he cannot get in touch with you. ergo the legal way of avoiding it.

    simply avoid communication with him or her the last hour of your shift and leave when your scheduled.
    Be careful on how you go about doing this though, because he or she will catch on eventually . and if caught leaving early theirs a potential of getting fired.
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      CommentAuthorezd1023
    • CommentTimeJan 25th 2017
     permalink
    I can't believe that this is what is still going on today. Companies are still squeezing it out of us working class. Trying to get everything out of us and not giving anything back. :face-crying: :face-sad:
    ObiWan: FrenchFrys - until the double-standards (and IMHO, questionable and often illegal practices) of Fry's get brought to the attention of the appropriate local/state and federal agencies, and perhaps the local news agencies (to force the local/state/federal agencies to take action), nothing will change. Fry's will continue to get away with what they do. How many years (decades perhaps) did Walmart get away with their employment practices, until the legal system (and government agencies) forced them to change their ways? Until Fry's practices are brought to the public arena, nothing will change.  
     
    That said, as far as getting a "better fitting job when the economy gets better", start preparing yourself now for that job. Be it in computer/tech support or whatever, get the education you need to make the jump to a real job. And you need not wait until the economy starts getting better. Start looking now.
     
     
    :face-smile:
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      CommentAuthorezd1023
    • CommentTimeJan 25th 2017
     permalink
    You are so right... It all starts with Education !!! :face-smile:
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