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Got answer from Labor Board - that was fast ! S/M - mt_not_for_long


Posted: Jul 05, 2012

Thank you for contacting the U.S. Department of Labor National Contact Center.
 
With regard to Record Keeping, the Fair Labor Standards Act (FLSA) requires that employers keep accurate records of hours worked and wages paid to employees.
 
In connection with Piece Rate, employees can be paid in a variety of ways including a salary, hourly, piece rate, or commission basis. There is no requirement under the Fair Labor Standards Act (FLSA) that an employee be paid in a certain manner. While earnings may be determined in a variety of ways, employees must earn at least the current federal minimum wage of $7.25 per hour and be paid no less than one and one-half times their regular rate of pay for all hours worked over 40 in a workweek.
 
There are additional issues relating to being paid on a piece rate or commission basis. The Wage and Hour Division (WHD) enforces these regulations and provides additional information on the FLSA.
 
Please visit their website at www.wagehour.dol.gov for additional information.
OK - They do not answer my question if Nuance making us clock in and out and then deleting those times is legal.  I was given the phone # of my local office and I will call them with my questions.     Stay tuned.  :)

Thanks for the update - Dickens

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That WAS fast. Too bad it was kind of generic and not very helpful!

I really appreciate you doing this foot work and then reporting back to us. Can't wait to hear what they tell you on the phone.

?? - datme

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What's even more awesome (DEFINITELY NOT) is that Nuance just bought my company of 10 years. Awesome! ; (

Two words, "accurate records". These companies are - keeping fradulent records. nm

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.

Points from the link - Dickens

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Application of Principles


Employees "Suffered or Permitted" to work: Work not requested but suffered or permitted to be performed is work time that must be paid for by the employer. For example, an employee may voluntarily continue to work at the end of the shift to finish an assigned task or to correct errors. The reason is immaterial. The hours are work time and are compensable.


Waiting Time: Whether waiting time is hours worked under the Act depends upon the particular circumstances. Generally, the facts may show that the employee was engaged to wait (which is work time) or the facts may show that the employee was waiting to be engaged (which is not work time). For example, a secretary who reads a book while waiting for dictation or a fireman who plays checkers while waiting for an alarm is working during such periods of inactivity. These employees have been "engaged to wait."


On-Call Time: An employee who is required to remain on call on the employer's premises is working while "on call." An employee who is required to remain on call at home, or who is allowed to leave a message where he/she can be reached, is not working (in most cases) while on call. Additional constraints on the employee's freedom could require this time to be compensated.


Rest and Meal Periods: Rest periods of short duration, usually 20 minutes or less, are common in industry (and promote the efficiency of the employee) and are customarily paid for as working time. These short periods must be counted as hours worked. Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished. Bona fide meal periods (typically 30 minutes or more) generally need not be compensated as work time. The employee must be completely relieved from duty for the purpose of eating regular meals. The employee is not relieved if he/she is required to perform any duties, whether active or inactive, while eating.


Sleeping Time and Certain Other Activities: An employee who is required to be on duty for less than 24 hours is working even though he/she is permitted to sleep or engage in other personal activities when not busy. An employee required to be on duty for 24 hours or more may agree with the employer to exclude from hours worked bona fide regularly scheduled sleeping periods of not more than 8 hours, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night's sleep. No reduction is permitted unless at least 5 hours of sleep is taken.


Lectures, Meetings and Training Programs: Attendance at lectures, meetings, training programs and similar activities need not be counted as working time only if four criteria are met, namely: it is outside normal hours, it is voluntary, not job related, and no other work is concurrently performed.


Typical Problems


Problems arise when employers fail to recognize and count certain hours worked as compensable hours. For example, an employee who remains at his/her desk while eating lunch and regularly answers the telephone and refers callers is working. This time must be counted and paid as compensable hours worked because the employee has not been completely relieved from duty.

By having a mandated schedule ... - anon

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doesn't that put us in the "engaged to wait" category?

If we could work whenever and simply get our lines in, that would be different but we MUST maintain a set schedule.

That's how I see it - Dickens

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/

absolutely agree...and so would the Dept of Labor - nm

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Engaged to wait or on call. either way THAT'S US. - me

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.

My email said to call YOUR local dept. s/m - mt_not_for_long

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And ask your questions. Each state has some different "rules". I live in Florida. You can bet your butt I'm calling.

training materials - interesting

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I'd say the various training and/or slides and/or PDFs they give us links to should be paid for, as well. They are not fulfilling ALL 4 requirements to get a pass on not paying us for those. JMO

p.s. Lectures, Meetings and Training Programs: they sure are job related

check this out - Snow Bunny

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It's a link for keystroke logging:
http://home-key-logger.software.informer.com/1.7/

Let's just say it looks like a good way to prove what you did during the time you were working, should it ever come down to "their word against yours."

Labor Board - Jean9in

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I couldn't find the beginning of this conversation to see what it is about, but it is interesting enough to me as I sit here trying to make up day shift hours at 9 pm and there is no work. Didn't have these problems before Nuance came in! Can someone please direct me to the beginning so I can see what I'm so willing to jump on board with... or just email me. Thanx!

Scroll down to "What is the procedure when no work available" - mt_not_for_long

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That's where this started. I said I was not deleting time from checking in and out, I don't clock in and out anyway. They can MUP me by paying me minimum wage.


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