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Pensacola Discussion Forum » General Discussion » Labor law question

Labor law question

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boards of FL
2seaoat
Sal
TEOTWAWKI
no stress
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1Labor law question Empty Labor law question 1/17/2014, 4:24 pm

no stress

no stress

I'm hoping someone can point me in the right direction on this one. In Florida, can an employer require an hourly employee to take the company cell phone on Friday of one week to be used as a call phone for employee issues at any time day or night and then turn it in on the following Thursday but then has take off without pay on Friday the amount of time spent answering and dealing with employee issues? This way the employer doesn't have to pay overtime to the employee for the extra time while on call all week. I don't think its legal but short of hiring a labor attorney really don't know. Help please

2Labor law question Empty Re: Labor law question 1/17/2014, 4:47 pm

TEOTWAWKI

TEOTWAWKI

There was a man appointed, on call every week with my company, and he was compensated 10 extra hours for taking calls 24/7 for the whole week beginning on Mondays. It was his job to take calls from customers and then try and get hold of men to service those customers BUT those men did not have to carry their phones but knew they should if they wanted a good review.That's only reason I would say that is illegal what your bunch is doing. My company didn't require we carry our phones on weekends holidays and after hours when we were not on paid call but they did want us to answer service calls, but we did not have to...strange I know.  ..it was crazy still is..glad I retired.



Last edited by TEOTWAWKI on 1/17/2014, 4:55 pm; edited 1 time in total

3Labor law question Empty Re: Labor law question 1/17/2014, 4:53 pm

Sal

Sal

Alert your union rep.

4Labor law question Empty Re: Labor law question 1/17/2014, 4:59 pm

2seaoat



Do not know the answer because each labor law question is fact specific, but I believe Florida defers to federal standards on overtime and this may be helpful setting forth exemptions.

http://www.employmentlawhandbook.com/federal-employment-and-labor-laws/flsa/overtime-exemptions/

Here is some information for on call employees and overtime.....again fact specific

http://www.employmentlawhandbook.com/flsa/fair-labor-standards-act-when-on-call-time-is-recognized-as-hours-worked/

5Labor law question Empty Re: Labor law question 1/17/2014, 5:02 pm

boards of FL

boards of FL

That sounds like total bullshit.


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6Labor law question Empty Re: Labor law question 1/17/2014, 5:12 pm

ZVUGKTUBM

ZVUGKTUBM

Hey, getting to leave early on Friday might be nice once in a while.

You know, come home early, relax a while, then get ready to go downtown for Gallery Night.

http://www.best-electric-barbecue-grills.com

7Labor law question Empty Re: Labor law question 1/17/2014, 5:14 pm

2seaoat



file a pro se complaint with the dept of labor
http://www.dol.gov/whd/regs/compliance/fairpay/complaint.htm

or contact the Florida dept of labor
http://www.minimum-wage.org/overtime/florida/unpaid-overtime

again the person should seek legal advise after reviewing options with the state and federal government. Sometimes after filing a complaint with either, they will get back wages.

8Labor law question Empty Re: Labor law question 1/17/2014, 5:22 pm

no stress

no stress

I'll look at that info SO. It's getting to be a problem answering the phone at all hours and then having to get up and go to work with no sleep hardly.

9Labor law question Empty Re: Labor law question 1/17/2014, 5:31 pm

Joanimaroni

Joanimaroni

When I took call on weekends, Holidays and after hours...I was paid an hourly wage to be on call. Once called in....I received time and a half from the time of the call until I finished working. My normal work shift was 4- 10 hour days.

One supervisior tried to send me home, after having worked overtime during the week , to prevent me getting over 40 hours for that week. That didn't fly..... Any thing over my normal work day was over time. Didn't matter if I had 40 hours or not. It was also stated in my agreement, if I worked all night and could not complete my regular (next day) shift.....I was paid for the shift.

If you work the overtime hours you should be paid for the overtime, not sent home.

10Labor law question Empty Re: Labor law question 1/17/2014, 5:47 pm

2seaoat



http://www.law.cornell.edu/uscode/text/29/213

You may want to look at the exemptions for public service....fire and leo, and you may have specific contract language which needs to be reviewed by a lawyer, however a simple phone call to the feds will be helpful.

any employee of a public agency who in any workweek is employed in fire protection activities or any employee of a public agency who in any workweek is employed in law enforcement activities (including security personnel in correctional institutions), if the public agency employs during the workweek less than 5 employees in fire protection or law enforcement activities, as the case may be; or

I would suspect you have over five employees and a collective bargaining agreement which is probably controlling, but the collective bargaining agreement cannot lessen your protections under the statute, just change your status to exempt, which means the protections may not apply, but if this is in name only, the feds are going to get on it.

11Labor law question Empty Re: Labor law question 1/17/2014, 5:50 pm

no stress

no stress

This is not for me SO. Its happening to my wife who is a nurse here in pcola

12Labor law question Empty Re: Labor law question 1/17/2014, 5:55 pm

Floridatexan

Floridatexan


http://www.ephrc.org/

Escambia-Pensacola Human Relations Commission



"Welcome to our website where our expectations are to assist the Escambia/Pensacola citizens with understanding their rights in housing and employment. If you are in need of further information or action, please take the time to either utilize our complaint link or use our simple contact form."

13Labor law question Empty Re: Labor law question 1/17/2014, 5:59 pm

2seaoat



This is not for me SO. Its happening to my wife who is a nurse here in pcola


There are health care exemptions, but the same rules generally apply.......call the feds with your questions and they should give some free advice, and may pursue it without the need to hire a labor lawyer. My daughter is on call after hours so police agencies can get authorization of charges from the SA, and they most certainly compensate them generously for their time which is rotated in the office for coverage, and they are all exempt employees......it is really pushing the envelope, but the human resource folks are trying to squeeze profit out of their function and they will seek every exemption recognized under the law.

14Labor law question Empty Re: Labor law question 1/17/2014, 6:02 pm

no stress

no stress

Thanks FT. Sent them an email

15Labor law question Empty Re: Labor law question 1/17/2014, 6:13 pm

boards of FL

boards of FL

ZVUGKTUBM wrote:Hey, getting to leave early on Friday might be nice once in a while.

You know, come home early, relax a while, then get ready to go downtown for Gallery Night.


Yeah, but at the expense of being on call? I like to enjoy my time off. That often means enjoying alcoholic beverages. I couldn't do that if I were to be constantly on call.


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16Labor law question Empty Re: Labor law question 1/17/2014, 6:19 pm

2seaoat



Yeah, but at the expense of being on call? I like to enjoy my time off. That often means enjoying alcoholic beverages. I couldn't do that if I were to be constantly on call.


based on your late Friday and Saturday postings.......I could not argue your point.....been there.....done that.........now that I think about it you must post your Heat threads every Friday and Saturday night.......late.

17Labor law question Empty Re: Labor law question 1/17/2014, 6:25 pm

Joanimaroni

Joanimaroni

If Boards is required to disrupt his off time he should be adequately compensated.....just like Mrs. Gunz should be. If you are sent home early you are not being compensated, therefore, you should not be required to take extra call time.

18Labor law question Empty Re: Labor law question 1/17/2014, 6:31 pm

Guest


Guest

My son gets 4 hours minimum for a call out, at time and half, double time if he has already logged 40 hours in the pay period. Time starts when he receives the call and ends when he returns home. Company supplies the truck, phone and fuel

19Labor law question Empty Re: Labor law question 1/17/2014, 6:33 pm

boards of FL

boards of FL

2seaoat wrote:Yeah, but at the expense of being on call? I like to enjoy my time off. That often means enjoying alcoholic beverages. I couldn't do that if I were to be constantly on call.


based on your late Friday and Saturday postings.......I could not argue your point.....been there.....done that.........now that I think about it you must post your Heat threads every Friday and Saturday night.......late.


Even in a late-night state my sense of sports talent is keen.


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20Labor law question Empty Re: Labor law question 1/17/2014, 6:40 pm

2seaoat



I am a male escort for widows in the Naples area in the winter and my wife does not mind me taking those late night calls.......heck you think the florida panther is unique and needs a sign......we all really know that a panther is really just a cougar......and all those signs in south Florida keep me in business and reflect how many cougars are roaming down here.....but I think the signs should have white graying cougars with lots of jewelry..........and manicured paws......I went to the local walmart to get a damn black belt for tonight and the whole front of the Walmart had cougars getting their nails done.....I mean Florida panthers.....so yea....I am on call....somebody has to do it, and I am not making any labor complaints.....can't read the damn number.

21Labor law question Empty Re: Labor law question 1/17/2014, 7:22 pm

Guest


Guest

Old women a real turn Mr Oats? You are in the right place. Happy hunting...

22Labor law question Empty Re: Labor law question 1/17/2014, 7:32 pm

TEOTWAWKI

TEOTWAWKI

Mr Ichi wrote:Old women a real turn Mr Oats?  You are in the right place.  Happy hunting...

Hell I like older women. I like younger women also I just wish they would stop trying to help me across the street.

23Labor law question Empty Re: Labor law question 1/17/2014, 7:38 pm

Guest


Guest

TEOTWAWKI wrote:
Mr Ichi wrote:Old women a real turn Mr Oats?  You are in the right place.  Happy hunting...

Hell I like older women. I like younger women also I just wish they would stop trying to help me across the street.

Just carry a VA issued "Pump" lol

24Labor law question Empty Re: Labor law question 1/17/2014, 7:58 pm

PBulldog2

PBulldog2

Gunz - if you need the name of a local labor attorney, PM me.

25Labor law question Empty Re: Labor law question 1/17/2014, 8:24 pm

Guest


Guest

If you're an hourly employee the employer has to compensate you w/ pay or flex time for the hours you worked while on the phone. Even if you were an exempt employee they couldn't require you to work over the 40 hrs. on a regular basis w/o compensation. They are taking advantage.

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