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OOW included in pay - all smiles Posted: Sep 29th, 2015 - 11:12 pm In Reply to: OOW - Abandon Hope
I specifically talked with the DOL Wage and labor about OOW and breaks. Here is the answer:
Although I am paid piecework, as long as my pay for the time clocked in is at or above minimum wage, what they are doing is legal. If the requirement to take breaks or sit of OOW for 15 minutes puts our wages per hour below minimum wage, then they have to make up the pay to equal state minimum wage.
Otherwise, they can require us to take breaks on the clock and the OOW wait for 15 minutes is legal.
What is not legal is to require us to come back during our shift. Then we would be on call and would need to be paid for waiting to work. If we ask to flex and return on our regular shift at a later time, then we are not asking to be on call. If we are permitted to come back on our regular shift, we must be allowed to choose the time that we come back so long as it is within our scheduled work time.
So if you want to flex and come back later, you should state so in the e-mail and state when you want to return to work.
That is what the DOL wage and labor board told me.
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- OOW - Abandon Hope (Views: 700, 2015-09-29, 5:16 pm)
- OOW included in pay - all smiles
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