Reprinted from the April 1, 2006 issue of MANAGER’S LEGAL BULLETIN, a widely read employment law newsletter that communicates legal guidelines to managers through real-life dialogue and concrete examples. Click here to view a sample issue, get more information or sign up for a risk-free subscription.

Do Me A Favor?

Busy managers often wish for extra hours in the day to get accomplished all that they need to. Since that’s impossible, the next best thing may be an extra set of hands. You may consider asking employees to run personal errands or do other personal favors for you part and parcel of the employees’ job to help you get your own job done. Beware! Not only will employees grow resentful of these extra tasks, you could also be violating company policy, plus various state and federal laws.

TAKING IT PERSONALLY

When Nicole Moore’s supervisor, Angie Aronoff, first asked her to perform personal favors for her on company time, she didn’t think much of it. On occasion, Aronoff would ask her to type something for an upcoming PTA meeting or schedule a doctor’s appointment. Moore figured it was just part of her job. That is, until the favors became more frequent and infringed on her personal time.

“Nicole, could you do me a favor and pick up my dry cleaning on your way back from lunch?” Aronoff asked, as the employee was putting on her coat.

“I’m not taking a full hour,” Moore explained. “I’m just running to the deli to grab a sandwich. I’m going to eat at my desk while I finish this report.”

“It won’t take long,” Aronoff pushed. “The dry cleaner is right down the block. You have to pass it on your way to the deli. I’d really appreciate it.”

“Fine,” Moore agreed begrudgingly.

The next day it was more of the same.

“Nicole, could you pick up a package for me at the post office?” Aronoff asked Moore near the end of the day.

“I’m sort of in a rush to get home,” Moore responded, trying to get out of going.

“It’s a present for my son and tomorrow is his birthday,” Aronoff explained. “I would pick it up myself, but the post office closes at five o’clock and I’m on my way into a meeting.

“You can leave now,” the manager told her, checking her watch. “It’s 4:40…it shouldn’t take you longer than 20 minutes.”

Against her better judgment, Moore agreed to go to the post office and pick up Aronoff’s package. She was sorry when the 20-minute favor turned into a one-hour ordeal.

FALLING OUT OF FAVOR

The next day, Moore complained to the department manager about having to perform personal favors for Aronoff. She told him how she was expected to complete personal tasks and run personal errands both on and off company time. The employee also pointed out that she was not paid for the time it took her to complete her manager’s personal favors on her personal time.

When Moore was later fired for insubordination following an argument with Aronoff, she took the company to court. She claimed she had been fired in retaliation for complaining about having to perform unpaid work in violation of state law. Although the court dismissed her lawsuit because Aronoff had had a legitimate reason for firing her — insubordination — it agreed with Moore that she had engaged in protected activity under state law by complaining about being asked to perform unpaid work in violation of wage and hour laws.

FAVORS NOT IN YOUR LEGAL FAVOR

Although there is no law specifically prohibiting you from asking employees to perform personal favors, such requests could lead to legal violations.

• Wage and hour violations — Asking employees to perform personal favors on company time is one thing, but asking them to perform favors on their own time and not paying them for their efforts can mean violations of the federal Fair Labor Standards Act (FLSA) and comparable state laws. Under the FLSA, non-exempt employees must be paid for all hours worked, plus time-and-a-half their regular rates of pay for hours worked over 40 in one week.

• Protected activity complaints — Even though this company escaped liability, the court was quick to point out that Moore had engaged in protected activity under state law by complaining about being asked to perform unpaid work.

• Discrimination or harassment claims — Although age, race, sex, etc., did not factor into this case, a manager or supervisor who singles out an employee from a protected class when requesting personal favors may have to contend with state and federal anti-discrimination laws.

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