Re: 911:: FLSA - Overtime Question

[Guest guest]

In a message dated 11/30/2003 8:33:45 PM Central Standard Time,

mnewcomb@... writes:

I have a question regarding overtime. I worked an overnight dispatch

shift when the clocks were pushed back an hour last month. According to

the roster, I worked the regular 11-7 shift, 8 hours. However, I was

obviously on the desk for 9 hours (we are not entitled to breaks). It

was not my scheduled shift; I was on overtime, filling in for someone

out sick.

How does the FLSA or case law cover this?

Thanks,

-Mike

If you had worked that schedule in Chicago...the union says you would get

paid time and 1/2 for both the time change hour and your " lunch " that you worked

through but were entitled to.

Chicago 9-1-1

[Guest guest]

>The actual specifics are covered by individual

agency bargaining units memorandums of understanding.<

Your memorandums of understanding or bargaining

units CANNOT supersede the FLSA.... Your union

or bargaining unit can give MORE but not less

than FLSA.

Anything over 40 hours per week time and one half, pay

or comp.. your choice.

Your term " non-exempt " is correct, meaning they are

entitled to overtime, and you're also correct that if

you use a vacation or sick day... there goes your

40 hour work week... and no overtime.

My Dispatchers work week was 37.5 hours, they did not

get paid the 30 minute lunch break, so if they worked

an overtime day 2.5 of it was straight time, the other

5 hours time and one half....

Used to really upset me to work an overtime day, knowing

about the 2.5 hour straight time... just didn't seem right.

Weintraut

[Guest guest]

The issue of " breaks " and the FLSA is addressed by the following from the

DOL web site (link below). As with many things " legal " State laws must also

be reviewed since they may address topics not covered by Federal laws (per

paragraph 2 below).

" The FLSA does not require an employer to provide meal periods or rest

breaks for their employees. Many employers, however, do provide breaks

and/or meal periods. Breaks of short duration, from 5 to 20 minutes, are

common. As a general rule, rest breaks are considered hours worked and bona

fide meal periods are not considered hours worked.

Some states do have laws requiring rest breaks and/or meal periods. Such

state requirements will prevail over the silence of the FLSA on this

subject. In those situations where an employee is subject to both the FLSA

and state labor laws, the employee is entitled to the most beneficial

provisions of each law. "

http://www.dol.gov/elaws/esa/flsa/hoursworked/screenEE4.asp

Re: 911:: FLSA - Overtime Question

> BY law you have to be paid for the hours that you work. No breaks? You're

entitled to two 15 minute breaks per 8 hour shift.

>

>

> --- " Newcomb, " wrote:

> I have a question regarding overtime. I worked an overnight dispatch

> shift when the clocks were pushed back an hour last month. According to

> the roster, I worked the regular 11-7 shift, 8 hours. However, I was

> obviously on the desk for 9 hours (we are not entitled to breaks). It

> was not my scheduled shift; I was on overtime, filling in for someone

> out sick.

>

> How does the FLSA or case law cover this?

>

> Thanks,

> -Mike

>

>

>

[Guest guest]

>You're entitled to two 15 minute breaks per 8 hour shift.

You sure about that?

I'm not sure any employer has to pay for break or meal time.

If you don't GET the meal time, work through or whatever,

they yes.. you should be paid.

Weintraut

[Guest guest]

> >You're entitled to two 15 minute breaks per 8 hour shift.

> You sure about that?

> I'm not sure any employer has to pay for break or meal time.

> If you don't GET the meal time, work through or whatever,

> they yes.. you should be paid.

>

> Weintraut

********************************************************************

Our contract says the same thing with this caveat, adequate or suitable

relief. Lunch is not paid.

My beef now is smokers breaks. Since they are still on the clock for this,

the work load shifts to the non-smoker (or person left on the panel).

Smokers should be entitled to a break, but that time should be made up at

the end of the shift. For example, we have 1 smoker that takes a 10 minute

break every 2 hours. So this person gets 30 minutes paid for standing

outside smoking. Grossly unfair to non-smokers. But I don't see any relief

in site.

Iowa State Patrol Communications, Cedar Rapids

Werling NØXZY

Anamosa, IA

scott@...

My 2002 Olympic Pics http://www.photoisland.com

login: Ridgeroader password: blah

My Family Genealogy at http://www.n-connect.net/scott/index.htm

THE WIZARD OF OZ:

Transported to a surreal landscape, a young girl kills the first person she

meets and then teams up with three strangers to kill again.

[Guest guest]

In a message dated 12/3/2003 3:35:58 PM Central Standard Time,

scott@... writes:

For example, we have 1 smoker that takes a 10 minute

break every 2 hours. So this person gets 30 minutes paid for standing

outside smoking. Grossly unfair to non-smokers.

SCOTT, has anyone told you, you can't go on 10 min break every 2 hrs too?

I don't get the beef between smokers and non-smokers.. i see non-smokers

complaining to high heaven about the smokers getting more breaks..the smokers

are

not telling you, you can't go on a break.. if I were a non-smoker Id take

breaks just like a smoker.. I don't see the big deal

jamie in iowa

DCSO

[Guest guest]

In a message dated 12/4/2003 10:07:58 AM Central Standard Time,

scott@... writes:

But it boils down to one group of people getting an extra break that I, as a

non-smoker, am not allowed to take.

Iowa State Patrol Communications, Cedar Rapids

Werling NØXZY

Anamosa, IA

What I ask was. Are they saying non-smokers can't have the same breaks

as smokers?? if thats the case, thats is WRONG.

jamie in iowa

DCSO

[Guest guest]

> SCOTT, has anyone told you, you can't go on 10 min break every 2 hrs too?

> I don't get the beef between smokers and non-smokers.. i see non-smokers

> complaining to high heaven about the smokers getting more breaks..the

smokers are

> not telling you, you can't go on a break.. if I were a non-smoker Id take

> breaks just like a smoker.. I don't see the big deal

>

> jamie in iowa

> DCSO

********************************************************************

What we have been told is that smokers can take breaks but not abuse them.

No idea what that is supposed to mean (abuse them).

As for me, I work by myself 7 of my 10 hour shifts. So that isn't effected.

Those other 3 hours are a hoge poge of breaks or no breaks depending on who

is working. But the specific beef is that smokers can take as many breaks

as they like as long as they don't abuse it. Our contract says a 15 min

break every 4 hour period " with adequate relief. " Smokers are not tied to

the relief thing since there is no language to it. Since I work by myself

so much I can't take any breaks. It's a bit confusing without knowing my

schedule.

But it boils down to one group of people getting an extra break that I, as a

non-smoker, am not allowed to take.

Iowa State Patrol Communications, Cedar Rapids

Werling NØXZY

Anamosa, IA

scott@...

My 2002 Olympic Pics http://www.photoisland.com

login: Ridgeroader password: blah

My Family Genealogy at http://www.n-connect.net/scott/index.htm

THE WIZARD OF OZ:

Transported to a surreal landscape, a young girl kills the first person she

meets and then teams up with three strangers to kill again.

[Guest guest]

Let's not leave any addictions out. Obese people can no longer eat and

coffee drinkers can no longer drink coffee

>

>Reply-To: 911console

>To: <911console >

>Subject: Re: 911:: FLSA - Overtime Question

>Date: Thu, 4 Dec 2003 10:09:51 -0600

>

>Easy solution. Outlaw smoking and cigarettes.

_________________________________________________________________

Get holiday tips for festive fun.

http://special.msn.com/network/happyholidays.armx

[Guest guest]

Not the case in Oklahoma, we give the employees an 8 hour shift with a PAID

lunch break, means if they work during it so be it. ACCORDING TO OUR FLSA

ATTORNEYS

[Guest guest]

What I ask was. Are they saying non-smokers can't have the same breaks

as smokers?? if thats the case, thats is WRONG.

jamie in iowa

DCSO

********************************************************************

They aren't saying anything and therein lies the root problem. All

employees should be treated, and supervised equally. In this case some are

not.

While those that make the rules still smoke, it won't change. And ours is a

smoke free building.

Iowa State Patrol Communications, Cedar Rapids

Werling NØXZY

Anamosa, IA

scott@...

My 2002 Olympic Pics http://www.photoisland.com

login: Ridgeroader password: blah

My Family Genealogy at http://www.n-connect.net/scott/index.htm

When I was in college I had a bumper sticker that said " Repeal Ohms Law. "

People would ask me where they could sign the petition. I told them we

expected to encounter a lot of resistance.

[Guest guest]

>we give the employees an 8 hour shift with a PAID

lunch break, means if they work during it so be it.

Your agency can always give MORE than FLSA

requires, they just can't give less.

Paying for the lunch break solves the " what if I work

through lunch " time keeping problem.

You must be paid for the hours you work, but the employer

is not required to pay for your lunch or breaks, unless the

issue is covered in an employee or union contract.

Weintraut