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S6 Ep.135: Two Jobs, One Paycheck- Exploiting Employees

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Manage episode 504522746 series 2858396
Content provided by Mark Carey. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Mark Carey or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

Comment on the Show by Sending Mark a Text Message.

The workplace landscape has fundamentally shifted, with a disturbing trend emerging across American businesses: employees are increasingly being forced to perform two full-time jobs while receiving just one paycheck. This exploitation operates under the seemingly innocuous phrase "adjusting duties," buried in employment contracts that courts have traditionally interpreted with alarming breadth.
Recent research reveals the devastating human cost of this practice. The SHRM's Employee Mental Health 2024 Research Series found 44% of surveyed workers feel burned out, 45% emotionally drained, and a staggering 51% completely depleted by day's end. Most telling, 40% report being required to perform more work in the same hours. These aren't just statistics—they represent millions of Americans trapped in an impossible situation.
What many don't realize is that even at-will employment constitutes a contract with inherent limitations. The doctrine of unconscionability exists precisely to prevent unreasonable contract terms that no rational person would accept under fair conditions. When employers demand one person perform multiple full-time roles without additional compensation, we've crossed from reasonable business discretion into exploitation. Courts should recognize that employment contracts aren't licenses for unlimited extraction of labor, and principles like proportionality, human capacity limits, and good faith should guide judicial interpretation.
For employees caught in this situation, proactive negotiation remains essential. Document increased workloads, build trust relationships with management, and present the business case for fair compensation. Approach these conversations from a holistic perspective that acknowledges company challenges while firmly advocating for reasonable limits. Remember that no employment relationship can sustainably function when one party extracts everything while providing nothing in return.

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice.

  continue reading

Chapters

1. Recording Started (00:00:00)

136 episodes

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iconShare
 
Manage episode 504522746 series 2858396
Content provided by Mark Carey. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Mark Carey or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

Comment on the Show by Sending Mark a Text Message.

The workplace landscape has fundamentally shifted, with a disturbing trend emerging across American businesses: employees are increasingly being forced to perform two full-time jobs while receiving just one paycheck. This exploitation operates under the seemingly innocuous phrase "adjusting duties," buried in employment contracts that courts have traditionally interpreted with alarming breadth.
Recent research reveals the devastating human cost of this practice. The SHRM's Employee Mental Health 2024 Research Series found 44% of surveyed workers feel burned out, 45% emotionally drained, and a staggering 51% completely depleted by day's end. Most telling, 40% report being required to perform more work in the same hours. These aren't just statistics—they represent millions of Americans trapped in an impossible situation.
What many don't realize is that even at-will employment constitutes a contract with inherent limitations. The doctrine of unconscionability exists precisely to prevent unreasonable contract terms that no rational person would accept under fair conditions. When employers demand one person perform multiple full-time roles without additional compensation, we've crossed from reasonable business discretion into exploitation. Courts should recognize that employment contracts aren't licenses for unlimited extraction of labor, and principles like proportionality, human capacity limits, and good faith should guide judicial interpretation.
For employees caught in this situation, proactive negotiation remains essential. Document increased workloads, build trust relationships with management, and present the business case for fair compensation. Approach these conversations from a holistic perspective that acknowledges company challenges while firmly advocating for reasonable limits. Remember that no employment relationship can sustainably function when one party extracts everything while providing nothing in return.

If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice.

  continue reading

Chapters

1. Recording Started (00:00:00)

136 episodes

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