A staffing agency recently hired me to work at a MAJOR 'dot.com' firm in Phoenix.

Since my hiring, I've attended:

1. A 2.5 hour new hire orientation/drug-screening (conducted by the staffing agency)

2. A 1.5 hour safety/orientation meeting (conducted by the 'dot.com' firm)

3. A 1.5 hour period where I showed up for work, at a specific date/time I was instructed to, then asked to go home because they made a mistake. During this hour and a half I was asked to wait patiently, while others, who also were asked to start at the same time, were led off to a training meeting. I was asked to return the following day.

--------------------

My question is this, by Arizona law, shouldn't I be compensated for #1,#2,#3 above? Especially #3, where I know the others who reported at the same time as me were compensated during the hour and a half I was asked to wait.

According to the staffing agency, I am not being compensated for ANY of the items above, even though none of those meetings were voluntary. I was specifically asked to attend each and every one of them. Additionally, we were never informed by the staffing agency that these meetings would be unpaid.

This just doesn't seem lawful? Can somebody provide a legal opinion?

Thank you!

1. Was this orientation required by the client company or a general orientation that all workers placed by the staffing agency must go through? If the former, I would say that the time (although not necessarily the drug testing) was compensable. If the latter, it's possible that the answer is no. I've been registered with staffing agencies before and had to attend general orientation and it was expected you would do this on your own time as you had not been placed yet.

2. Yes.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.27.htm

3. Yes.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.17.htm

I can't say for sure that the client company mandated this particular meeting, however, the orientation was very client-specific. All workers hired through the staffing agency (for my positon at the client workplace) go through this same orientation.

We viewed a slideshow presentation and were given corresponding handouts, both covering client-specific topics such as: Attendance policy; payroll; dress code; food & drink policy; badging in/out procedures; etc. We also discussed specific work examples and what our roles would be at the client.

Now, given that at least two of the three situations I've described are legally compensable, how would you suggest approaching the staffing agency to challenge their claim of unpaid hours for these meetings?

The dot.com client works exclusively with this staffing agency. The staffing agency has their own organizational reporting structure at the client, seperate from that of the client. All employees placed through the agency report solely within this separate structure. My supervisor and his manager are also staffing agency employees who work with client employees that are equal to their own positions.

I want to keep my job without being labled a bad apple. At the same time, I am no dummy. I have a business degree and graduate school. I used to be an operations manager at my last workplace, so I recognized right away that their claims seemed afoul. My supervisor is a young ex-marine who is very snappy (the not so good way) and still wears the high and tight haircut. He is on a power trip because he is the "supervisor" and from what I've seen already, he tries to run the show as if he still had his military uniform on and we were his grunts.

So again, how do you feel I should best approach this situation? If I were to let it go, I might anticipate more freebie work is in store down the road, and I don't want to go there.

Thanks

I may not be the best one to answer this, because employers that either don't know the law or choose to ignore it make me a little ticked off.:mad:

One thing you might do is to print out the two regulations I provided earlier (and also the one below, which has to do the the term "voluntary" when it comes to meetings/training, etc.) and take it to your consultant at the staffing agency. "I happened to run across this information, and it appears to reflect that the time I spent on XX-XX-07 and XX-XX-07 in training, and on XX-XX-07 reporting to work and waiting per the client's request to be released, is compensable".
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.28.htm

See what they say.

As an aside, I'm wondering if the staffing company is not getting reimbursed by the client for this time, and that's why they aren't paying you. That's irrelevant, but we've had more than several posters here who have said that's what has happened to them.

Good luck and hang on for other responses before you make a decision on your next move.

Thanks for the help. I'm going to wait until payroll is issued. Then I'll know for sure if I've been compensated for those hours or not. There's always a possibility I WILL be paid for those hours, as the ignorant people I'm dealing with don't even have a clue :confused: .

Like I said before, I don't want to stir the pot. Unbeknownst to my supervisor, or any of the staffing agency people, I've applied for a managment position (as a direct hire) with the client through their website. I want to work there because of the abundance of opportunities. I'm well qualified for the upgraded mgmnt position I'm seeking. If I get the position, I'll be two levels higher than my current supervisor, and working as a direct employee for the client. JUST THINK if I get hired and have to break the news to my supervisor, ...then showing up on the other side of the fence. :eek: (I just hope the sergeant remembers how to salute an officer.)

I'm wondering if the staffing company is not getting reimbursed by the client for this time, and that's why they aren't paying you.

Possible.

A cost of doing business and an incentive to the staffing company to keep turnover low, if they foot the bill for the orientations which are, in my opinion as a staffing company employee, compensable to the employee.