Being paid for Wait Time - sm Posted: Oct 12th, 2015 - 1:35 pm
Here are a few facts that you need to know regarding the minimum wage, being paid for Wait Time, and how to file a complaint with the DOL.
- If your employer tells you to “Check periodically to see if there is work”, it is equivalent to Wait Time and you must be paid at least a minimum wage for it.
- It is illegal for the employer to terminate you for low productivity (lines per hour) because you declare the Wait Time and expect to be paid for it.
- It is illegal for the employer to threaten you to declare less wait time or be terminated.
- Contacting Qmanager is work time. When qmanager tells you that work is slowly coming in, it’s a wait time and you have to be paid for it.
- You can file a complaint with both Federal and State Departments of Labor. Your state minimum wage is normally higher than the federal.
- It is illegal for the employer to terminate you for filing a complaint with the Department of Labor.
- After you filed a complaint with the DOL and after their investigation, you should expect to get paid the minimum wage retroactively up to three years, this called Back Pay. This applied to terminated employees as well.
Below are the links. Read them carefully to understand what your rights are. You should be paid for your work.
http://www.dol.gov/wecanhelp/howtofilecomplaint.htm
http://webapps.dol.gov/elaws/whd/flsa/hoursworked/screenEE77.asp
http://webapps.dol.gov/elaws/whd/flsa/hoursworked/screenEE78.asp
http://www.dol.gov/dol/topic/wages/backpay.htm
http://www.dol.gov/whd/regs/compliance/whdfs22.htm
http://www.dol.gov/WHD/minimumwage.htm
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