doing some reading on what FLSA considers engaged to wait - Unhappy MT

Posted: Apr 02, 2013

Since I have the usual NJA, I was just doing some reading on what FLSA considers engaged to wait. Although I don't punch a clock, I do work for an MTSO who requires me to be available (engaged to wait?) 10 hours a day (between the hours of 7:00 AM and 5:00 PM). So far today, I have made less than $10, but I've been available and willing to work. Also, this MTSO only hires full-time employees and we are required to meet production or lose our job. Here is some information I came up with: "The general rule emanating from early Supreme Court cases is that if the waiting time is spent primarily for the benefit of the employer, it is compensable. And, determining whether the time is spent for the employer’s benefit is “dependent upon all the circumstances.” While the Supreme Court did not attempt to describe such circumstances, later judicial decisions have fleshed out the rule, utilizing a standard of how much restraint is placed on an employee who is waiting to be engaged. Thus, the degree to which an employee is free to engage in personal activities is integral to determining whether the time spent waiting is compensable. According to the regulations interpreting the FLSA, “a stenographer who reads a book while waiting for dictation, a messenger who works a crossword puzzle while awaiting assignments, [a] fireman who plays checkers while waiting for alarms and a factory worker who talks to his fellow employees while waiting for machinery to be repaired are all working during their periods of inactivity.” Since these employees are unable to effectively use the time spent waiting for their own purposes, the time essentially belongs to and is controlled by the employer. Accordingly, in all of these examples, the time spent waiting is an integral part of the job. As such, the employees are engaged to wait, and are therefore entitled to be compensated for their time. By contrast, periods during which an employee is completely relieved from duty and which are long enough to enable him or her to use the time effectively for his or her own purposes are not considered hours worked. To illustrate the distinction, consider the following example set forth in the regulations." I am wondering how or if this applies to us as MTs. Any thoughts? Thanks!