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Old 07-16-2014, 08:55 PM   #21
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I've worked in many places that had shift work. People were expected to arrive at least 30 minutes early to transition from one shift to the next. Frequently, people showed up an hour early and the previous shift person would leave early.

No overtime pay was ever paid for shift relief. This is buried somewhere in the labor laws.
That is the way it was when I was doing shift work. Engineers were "exempt" employees and normally didn't get OT. Some situations OT was approved but we had to donate the first 4 hours of OT. The higher classification of engineers got no OT at all ( I turned down promotions for several years due to this )

Many times it depends on the job classification. I would bet they could say the call center support is "professional" in job duties and thus exempt.

Fair Labor Standards Act (FLSA) Coverage (Exempt vs. Non-Exempt -- The Online Wages, Hours and Overtime Pay Resource

Professionally exempt work means work which is predominantly intellectual, requires specialized education, and involves the exercise of discretion and judgment.
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Old 07-16-2014, 09:06 PM   #22
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As much as I think the current WH is doing sloppy work (been there, done that, know what abuse and slop looks like) Congress has really pulled their teeth when it comes to Reg. 541 (Executive, Administrative, Professional and Outside Sales Exemption). Recordkeeping, Hours Worked Reg's haven't changed (excepting Portal to Portal which isn't relevant in the earlier discussions).

The Good Lord helps those who help themselves. There is no reason why not to give Wage Hour a heads up, they are always looking for quick and easy $$.
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Old 07-16-2014, 09:51 PM   #23
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Wage and hour told us if we required staff to stay even a minute late or we made them clock in early, it's OT as long as they physically work 40 hours that week. If they had sick or holiday leave one day that week, then it would be paid as regular time, but in either case, you have to pay them.


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Old 07-18-2014, 05:48 AM   #24
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"frequently in the management chain of the shift workers" doesn't tell me if you were a salaried supervisor or manager.

The fact that this practice has been going on a long time doesn't mean that WH has looked at it.
The answer is "yes." Depending on how you wish to define the roles I worked as an hourly worker and then in various salaried roles with the final title being "Area Manager." These were with different companies, in different cities and with different professional credentials.

I don't remember chapter and verse but there is a specific item somewhere buried in the labor regs that says "reasonable" transition times are allowed for continuous operations that are not subject to additional compensation.

I agree with you that just because it has been going on a long time doesn't mean its right. I'm not sure what your use of "WH" stands for. Since we have a random management WH, maybe we could have it resolved with an executive order.

There have certainly been many eyes on the issue. This practice wasn't done by shady operators. I typically worked for some of the largest corporations in the world. Unions were sometimes involved and I'm very sure they would have jumped all over something that was not in compliance with labor laws. I had problems with the union reps making crap up, saying it was the law and needed me to rebut them after contacting legal.

In any case, it's all a long time ago. If you wish to mount your steed and go on quest, I give you a cause.
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Old 07-18-2014, 05:55 AM   #25
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That is the way it was when I was doing shift work. Engineers were "exempt" employees and normally didn't get OT.

Many times it depends on the job classification. I would bet they could say the call center support is "professional" in job duties and thus exempt.

Professionally exempt work means work which is predominantly intellectual, requires specialized education, and involves the exercise of discretion and judgment.
I'm currently a "professional" (Hi sailor, going my way? Well, not that kind) and get staight time OT pay. I don't get time and a half. I theoretically have a lower job security now but I know about the operating company job security farce.

I think about all of the 60+ hr weeks I put in for no extra money (it's all figured in, right?) and groan. I make a higher hourly rate now and get OT. And I want to leave this bird nest on the ground? I know that if I had stayed at an operating company I never would have become a OMYer.
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Old 07-19-2014, 10:34 AM   #26
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Sorry, WH stands for Wage Hour, a part of the US Department of Labor, Employment Standards Administration.

These days it appears that their back wage demands cover 3 (vs 2 years) years in any circumstance where an employer should reasonably have known of their responsibilities.
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