Soup Cycle! Should you support them?
Soup cycle defies established Oregon labor laws in advertising for a "kitchen manager". I've decided to use soup cycle in this article due to the perceived progressive nature of their business. Over the years I've started a handful of threads on local "progressive" establishments with severe labor problems. The question that keeps coming up is: are you really progressive when you're abusing your employees in this manner? Is it ignorance or just arrogance among local "progressive" business owners?
Soup Cycle advertised a job on Craigs list for a "kitchen manager" at $28,500 a year. About 90% of the job is kitchen labor from what their kitchen help told me. All is well at this point.
A glaring problem in the ad is that you cannot exempt a kitchen employee from over time. In Oregon, in the food industry, if 20% or more of the job is manual labor, then owner HAS to pay the legal over-time earned. This position cannot be classified as a salaried position, especially in a production environment.
Another problem is that he(Jed the founder) states that he expects this "kitchen manager" to work 40-45 hours a week. At 45 hours a week and $28,500 salary translates to about $12.15 an hour(overtime rate of $18.23). 5 hours of expected overtime per week at 52 weeks per year is 260 hours of annual overtime. 260 hours at $18.23 is $4740. If he were to pay the overtime, the employee would earn ($28,500+$4740)=$33,240.00.
So why does Mr Jed think he's so special? Why is he openly trying to skirt around established Oregon Labor laws? Is he ignorant? Or just arrogant?
I would like to see Soup Cycle and every other local "progressive" business thrive. But NOT on the backs of the workers. Let's cough up the change and not let the lowest common denominator bring us to third world standards.
I've included both the CL ad as well as the pertaining Oregon Laws regarding exemption and overtime pay. Let's hope this will help Jed make the right decisions in the future regarding his "progressive" business.
SoupCycle - Lead Soup Cook and Kitchen Manager (NE Portland, OR)
SoupCycle is a small Portland company that makes organic soups and delivers them weekly by bicycle. We've got over 50 soup recipes that we make over the course of the year. We're hiring a chef to lead our five-person soup crew. The ideal candidate will have strong experience in professional-level soup cooking, management, organizational skills, plus a passion for sustainability and bicycle-delivery. A willingness to jump in wherever needed is a must. Our chef works as a team-player on all levels with the soup crew -- spending most of the time cooking but also helping with inventory, ordering, shopping, cleaning, dishes and other projects as needed.
Cooking all stocks and soups
Managing our soup kitchen and our incredible five-person soup crew
Managing inventory, ordering all ingredients and kitchen supplies
Ensuring cost-of-goods-sold is at the appropriate level
Creating/researching a new monthly soup recipe
Shopping for weekly ingredients and kitchen supplies
Assisting with kitchen subtenant management
Passion for soup
Strong knowledge of local/seasonal cooking
Knowledge of cooking with steam kettles and range-top
Management experience and high-level communication skills
Works well with others in team environment
Previous experience determining order quantities and placing orders with vendors
Experience cooking in large batches- approx. 200 gallons/week.
Experience managing food costs through intelligent sourcing
Excitement to work with a small, local business
Ability to lift 50 lbs
Ability to commit to working with SoupCycle for a minimum of 2-3 years
Bonus Points for
Proficiency in Microsoft Excel
Vehicle for weekly shopping
Hours and Benefits
Salaried position: 40-45 hours/week at $28,500 annual salary with weekend hours
Vacation benefits starting after six months
Generous soup allowance
Ability to work with a small, passionate group of people in a mission-driven company
Send an email with 2-3 paragraphs telling us why you're interested in working for SoupCycle. Attach your resume.
Oregon Labor Law Pertaining to Exemptions
Is my job exempt from overtime?
If your job fits into one of the four main exemption categories to overtime law (executive, administrative, professional, and outside sales), then you are not protected by Oregon and federal overtime regulations.
Executive Overtime Exemptions
Your job is classified as an Executive position if your full-time responsibility is management of two or more employees. You must spend no more then 20% of your time doing other activities (or 40% in a retail environment), and your job should be a salaried position.
Administrative Overtime Exemptions:
Your job is classified as an Administrative position if your primary duty is non-manual work related to business operations, management policies, or administrative training. Your job must be salaried to fulfill the requirements, and you must spend no more then 20% of your time doing activities that do not fit in the categories described above (or 40% in a retail environment).
Professional Overtime Exemptions
Your job is classified as a Professional position if your primary duties require advanced knowledge and extensive education, including artists, certified teachers, and skilled computer professionals. Your job must be salaried, primarily intellectual, and you must be expected to use discretion and judgement. You must spend no more then 20% of your time doing activities that are not directly related to the duties described above in order to be classified as a Professional.
Outside Sales Overtime Exemptions
Your job is classified as an Outside Sales position if your main duties are making sales or taking orders outside of their employer's main workplace. You may be paid either bn a salary or commission-based structure, but you must not spend more then 20% of your time doing work other then sales to fall under this classification.
If your job falls under any of the four categories described above, then you are not covered by federal or Oregon unemployment regulations and your employer is not required to pay you an overtime premium.
I'm eligible for overtime, but my employer didn't pay me!
If your job is eligible for overtime protection under Oregon and Federal overtime law as described above, your employer is required by law to pay you an overtime premium for all qualifying overtime hours worked. If your employer owes you overtime pay, a Department of Labor office in Oregon will work with you to ensure you receive your fair wages for all hours worked. In 2008, close to 200,000 employees successfully received a total of $140,200,000 (140.2 million dollars) in overtime and minimum wage back-wages from their employers as a result of filing an FLSA violation claim.
If you believe your employer owes you overtime, learn how to file an overtime claim in Oregon.
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