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(North Jersey)   Some people get dressed and go to work. Other people get dressed for work and then sue their employer demanding overtime because they have to get dressed before they can go to work   (northjersey.com) divider line 153
    More: Asinine, Fair Labor Standards Act, Teaneck, first-to-file, United States federal judge  
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12667 clicks; posted to Main » on 29 Jan 2013 at 11:29 AM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-01-29 10:08:26 AM
We used to have a guy at a location I previously worked at as a civilian who would say in meetings he already had his 40 hours in on Wednesday or Tuesday. We asked ourselves, doing what? He just wandered around, not working, claiming to be the lab manager. We figured he had nude pics of the boss or something to keep his job.
 
2013-01-29 10:26:34 AM
Look, I can't be wasting all of my time putting on pants.  THIS IS AMERICA, DAMMIT.
 
2013-01-29 10:40:28 AM
My two cents, time taken to get dressed and undressed shouldn't count, but the meetings should.
 
2013-01-29 10:52:08 AM
Can we make this a class action thing?
 
2013-01-29 11:10:38 AM
Electronics firms have been successfully sued over payment for the time used to don and doff clean-room clothing.
 
2013-01-29 11:30:30 AM
And they should pay my rent too since I have to live somewhere to work there.
 
2013-01-29 11:31:58 AM
I had a coworker who tried to get paid for her work hour because she "thought about work and did planning in her mind" while on lunch break.
 
2013-01-29 11:32:56 AM
Work from home and you'll never need to wear pants
 
2013-01-29 11:33:46 AM
Oh for fark's sake. Next thing you know they'll want to be paid OT for time spent converting
oxygen to carbon dioxide.
 
2013-01-29 11:34:33 AM
IIRC, if you have to wear protective clothing on the job (clean room garb, sterile surgical scrubs, whatever) your employer needs to let you 'clock-in' before you get suited up.
 
2013-01-29 11:35:37 AM

All_Farked_Up: Work from home and you'll never need to wear pants


Well, it's cold, so I'm wearing pants, but they're sweatpants.
 
2013-01-29 11:35:48 AM
HailRobonia: I had a coworker who tried to get paid for her work hour because she "thought about work and did planning in her mind" while on lunch break.

In CA, you can't talk about work on your lunch break, or it doesn't count as your 30 minute lunch break. Likewise the 15 minute morning and afternoon breaks, they must be work free.

Unless you're in a salaried position, then whatever, go ahead and work yourself to death.
 
2013-01-29 11:35:58 AM

MaudlinMutantMollusk: Can we make this a class action thing?


Indeed; putting on pants is a pain in the ass.
 
2013-01-29 11:36:10 AM

Quirk: IIRC, if you have to wear protective clothing on the job (clean room garb, sterile surgical scrubs, whatever) your employer needs to let you 'clock-in' before you get suited up.


In this case, they were cops who had to put on uniforms.
 
2013-01-29 11:36:20 AM
I think the judge may be wrong about the muster/report in ten minutes before and after thing as well. If you are required to be at a location at a certain time, they have to pay you for that.
 
2013-01-29 11:36:22 AM
More about the mandatory line-up-to-take-roll thing than the uniform thing, imho.
 
2013-01-29 11:36:35 AM
They just want to be paid for roll call before their shifts start. Logic follows that if you have to be present at work, you're paid for that time. MOST employers have a 15 minute shift overlap, ie if you have 2x12h shifts, from 7-7, then they're *actually from 6:45am-7pm and 6:45pm-7am, so that roll call / briefings can happen. Also, the time they need to change may well be legit, since I imagine much of their uniform can't be taken home (tazers, guns, cuffs, nightsticks, etc).
 
2013-01-29 11:36:42 AM
If your employer requires you to spend time doing something you should be paid for it. Doesn't matter who it is or what they ask you to do. Seems like a no-brain kind of lawsuit.
 
2013-01-29 11:37:08 AM
Hey, whatever it takes not to have naked policemen is worth every penny.
 
2013-01-29 11:37:27 AM
I think you would be stunned to see how much the police make in NJ.

http://www.nj.com/news/bythenumbers/

You can also see how much we pay in property taxes ... also stunningly high.
 
2013-01-29 11:37:28 AM

HailRobonia: I had a coworker who tried to get paid for her work hour because she "thought about work and did planning in her mind" while on lunch break.


We had a gal in the last office I worked at that tried more or less the same thing. She was 'designing' on her 1.5 hour commute to and from work.
 
2013-01-29 11:37:42 AM
Lord knows I'm not the only guy that hates having to show up at my job wearing clothes. Unfortunately, my fellow employees seem to have a problem with me coming to work completely naked. They even call the police to have me arrested! The nerve of those jerks!
 
2013-01-29 11:38:07 AM

lordargent: In CA, you can't talk about work on your lunch break, or it doesn't count as your 30 minute lunch break. Likewise the 15 minute morning and afternoon breaks, they must be work free.


This law was obviously pushed through to keep Susan from Accounting from constantly chatting about the goddamn travel account. We get it, Susan, the travel account is a pain!
 
2013-01-29 11:38:32 AM

fawlty: I think the judge may be wrong about the muster/report in ten minutes before and after thing as well. If you are required to be at a location at a certain time, they have to pay you for that.


Absolutely, in the restaurant business they don't make the cooks clock out before doing their side work.
 
2013-01-29 11:39:53 AM
This is why I spend 20 minutes every day on a masturbreak. It relieves a ton of stress, and I get paid for it. Sorry about the bathroom floor being a little sticky.
 
2013-01-29 11:39:54 AM

digitalrain: Oh for fark's sake. Next thing you know they'll want to be paid OT for time spent converting
oxygen to carbon dioxide.


You don't? Man, I must have a sweet gig!
 
2013-01-29 11:39:59 AM
CSB:
My brother owned a small insulation business (1 truck) and hired a son of a friend of his as a helper. He went and picked the kid up at home, brought him over where my mom had breakfast for him, and then they went to work. After a while he demanded to be paid starting at the time my brother picked him up.
/CSB
 
2013-01-29 11:40:39 AM

dkimball: I think you would be stunned to see how much the police make in NJ.

http://www.nj.com/news/bythenumbers/

You can also see how much we pay in property taxes ... also stunningly high.


Paying "stunningly high" taxes is the highest form of patriotism. Anything else is sedition and you should be executed.
 
2013-01-29 11:40:43 AM

HailRobonia: This law was obviously pushed through to keep Susan from Accounting from constantly chatting about the goddamn travel account. We get it, Susan, the travel account is a pain!


Is the name of the law "STFU and Call a Meeting if it is that important"? If not, it should be.
 
2013-01-29 11:41:00 AM
The law is actually pretty clear on this. Walmart gets sued (and loses) for this kind of crap all the time.

If you're required to be there, they're required to pay you for it.
 
2013-01-29 11:41:45 AM
Give the same right to everyone in the private sector, and I'd be fine with it. In fact, throw in time spent commuting.

I figure adding two hours per person per shift would be sufficient.

/Hey, it's one way to keep employers from giving short shifts.
 
2013-01-29 11:41:45 AM
And they should pay for my car and insurance to drive to work. How about we pay for the OT and the cops receive less pension.
 
2013-01-29 11:41:54 AM

Billy Bathsalt: Hey, whatever it takes not to have naked policemen is worth every penny.


Phffftt... GIS naked policemen and naked policewoman and then try to say that.
 
2013-01-29 11:43:09 AM

iheartscotch: MaudlinMutantMollusk: Can we make this a class action thing?

Indeed; putting on pants is a pain in the ass.


what kind of pants are you wearing? mine feel nice and soft on my ass
 
2013-01-29 11:44:08 AM

Lexx: They just want to be paid for roll call before their shifts start. Logic follows that if you have to be present at work, you're paid for that time. MOST employers have a 15 minute shift overlap, ie if you have 2x12h shifts, from 7-7, then they're *actually from 6:45am-7pm and 6:45pm-7am, so that roll call / briefings can happen. Also, the time they need to change may well be legit, since I imagine much of their uniform can't be taken home (tazers, guns, cuffs, nightsticks, etc).


Perhaps some departments require cops to remove that gear before they leave, but not all do.  I once lived in an apartment complex where a cop lived, he drove his police car home and I'd see him walking to his place with his shotgun and other equipment.  I've seen a number of cop cars parked outside their houses.  Somehow I doubt they have to ditch their uniforms at work but get to drive the car home.

If they had some rule regarding not wearing their uniform while off-duty then they should be paid for the time to change.  Otherwise no, it just isn't an issue.
 
2013-01-29 11:45:01 AM

show me: CSB:
My brother owned a small insulation business (1 truck) and hired a son of a friend of his as a helper. He went and picked the kid up at home, brought him over where my mom had breakfast for him, and then they went to work. After a while he demanded to be paid starting at the time my brother picked him up.
/CSB


seems to me the best response is.
Find your own farking way to work and your own breakfast.
 
2013-01-29 11:46:06 AM

Nonrepeating Rotating Binary: The law is actually pretty clear on this. Walmart gets sued (and loses) for this kind of crap all the time.

If you're required to be there, they're required to pay you for it.



Yup and good employer's do this even for things many employees wouldn't care if they didn't get paid for.

/Worked at a fine dining restaurant, when a new menu was introduced we got paid for the food tasting on our day off, all we had to do was sit down taste a dozen high end dishes and drink wine. Would have done that for free, the kitchen staff handled the prep and clean up.
 
2013-01-29 11:46:23 AM
I won't mention names, but a certain power company in Illinois has this same problem. Guys that work in a coal-fired power plant get dirty. They need to shower before they go home (I guess they don't want to get their own showers dirty). Do the math on this. Three shifts, 30 minutes allotted, an average of 84 men per shift, average pay of $28.74 per hour (times 1.5 for OT), multiplied by 365. That doesn't even factor in holiday pay, which is higher. That's damn near $2 million per year for dudes to shower - and that's just one power plant. The hilarious part? Four or five guys work in the coal yard (and could reasonably make the argument for needing to shower). The rest are just as clean an the white collar workers (non-union) that work in administration, safety, logistics, engineering, etc. God Bless Unions!
 
2013-01-29 11:46:34 AM

iheartscotch: MaudlinMutantMollusk: Can we make this a class action thing?

Indeed; putting on pants is a pain in the ass.


Sounds like you're not doing it right.
 
2013-01-29 11:47:45 AM
I'm an independent contractor and so every year I get a letter from my accountant listing the things I can write off. Considering I can write off pretty much anything from pencils to paperclips as work expenses, I was surprised to see that suits aren't on the list. Just out of curiosity I asked my accountant why not, and he said because you can wear clothing for work any where.

Which is pretty stupid. I only wear suits for big meetings cause it is expected. I think they should be counted as write off.
 
2013-01-29 11:47:54 AM
This just in... different jobs have different ways of getting paid. If your total income at the end of the year isn't worth it to you for your responsibilities of the job, quit.

I'm a pilot. We don't start getting paid until the door of the airplane closes and we push back from the gate.

All that time spent walking through the terminal, going through security, doing manual/chart updates prior to going to the plane, doing our pre-flight planning, preparing the plane, running checklists, dealing with maintenance issues, etc.... all unpaid.
 
2013-01-29 11:48:25 AM
I'm having trouble picturing a teaneck policeman. Teabag, yes. Teaneck - I got nothin'.
 
2013-01-29 11:50:45 AM

dkimball: I think you would be stunned to see how much the police make in NJ.

http://www.nj.com/news/bythenumbers/

You can also see how much we pay in property taxes ... also stunningly high.


I think I wouldn't.
I think if you were required to attend a daily staff meeting and reprimanded if you didn't you'd cry if you weren't paid for that.
 
2013-01-29 11:50:47 AM

HailRobonia: lordargent: In CA, you can't talk about work on your lunch break, or it doesn't count as your 30 minute lunch break. Likewise the 15 minute morning and afternoon breaks, they must be work free.

This law was obviously pushed through to keep Susan from Accounting from constantly chatting about the goddamn travel account. We get it, Susan, the travel account is a pain!


The way I understand it (there was a similar rule at one of my past jobs) it's to keep management from interrupting a worker's break.
 
2013-01-29 11:51:13 AM

Snarfangel: Give the same right to everyone in the private sector, and I'd be fine with it. In fact, throw in time spent commuting.


That, or give me a dorm room on the premises. If I have to commute I should be paid for time spent in the car and reimbursed for gas, because otherwise I'm spending the first hour of my day just paying for commuting expenses.
 
2013-01-29 11:51:40 AM
FTA, the muster time (roll call and dressing time) was in the contract w/ the department. If they wanted to be paid for it, they should have put it in the contract.
 
2013-01-29 11:51:57 AM
You can argue about the clothing thing--past a certain point, if your gear takes a long-ass time to put on, it probably SHOULD be paid for, especially if you do it on-site at the employer's instruction. If I'm a deep-sea diver, you bet your ass I'm going to want to be paid for the hour it takes me to get into my suit. Does the same thing apply to cops? I don't know, I've never dressed up as one.

But the "muster time" is such a no-brainer that if the law really says that, then the law needs to be changed. And I'm the guy who'd settle for the FLSA being enforced 10% of the time, never mind tinkered with.

If your employer makes you show up for your 9:00 job at 8:50, and quitting time is 5:00 but the boss makes you stay until 5:10, then you have an 8:20-per-day job. This being Fark, I'm looking forward to the creative explanations for why I'm wrong about this, though.
 
2013-01-29 11:52:20 AM
Reminds me of an employee I had that didn't appreciate having to clock-in on her own time.
 
2013-01-29 11:52:53 AM

YixilTesiphon: All_Farked_Up: Work from home and you'll never need to wear pants

Well, it's cold, so I'm wearing pants, but they're sweatpants.


My wife wears sweatpants and a hoody while she works, all day every day. And she brings in 6 figures.
Working from home = great deal, if you can get it.

/i'm wearing office attire (including pants)
//but at least I get a window office
 
2013-01-29 11:53:54 AM
The article says the muster is in their union contract. Oops, so sorry your union screwed you. As for getting dressed, WTF, if it takes you that long you must be doing it wrong. Sounds like po-po being douches. Even the union removed themselves from the lawsuit. Sounds like even they admit its douchery.
 
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