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Not being allowed to work a scheduled shift Florida

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  • Not being allowed to work a scheduled shift Florida

    I work in a resturaunt and it is the slow season. I am scheduled to work, but when i show up they tell me to sit and wait for it to get busy enough for me to clock in so i can actually work and get paid. I dont think this is legal, but i dont really know what the law on this is. Can anyone help me out or tell me what i should do please?

  • Betty3
    replied
    I agree with you & Patty - I sure wish I wouldn't have used that link & just went with my post.

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  • DAW
    replied
    Agreed, and Patty has the right regulation cited. More importantly, FLSA is a 1938 law, and the 1944 Skidmore v. Swift court decision basically nailed down the related rules in this area. The cited regulation basically is a response to that court decision, not the other way around. This is VERY well established law, and Skidmore is about as well known a FLSA court decision as there is. Pretty much any court decision on hours worked tends to cite Skidmore.

    The feds have an "on call" regulation but that is a different regulation. The entire 29 CFR 785 "part" is worth reading because collectively it is the rules for determining what are hours worked.

    From the regulation Patty cited, the following is all taken pretty much as is from Skidmore:

    In either event the employee is unable to use the time effectively for his own purposes. It belongs to and is controlled by the employer. In all of these cases waiting is an integral part of the job. The employee is engaged to wait.

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  • Betty3
    replied
    Other than one reference, truthfully, I haven't either. The info in my binder is written by employment lawyers (that might explain it ) & HR experienced personnel.

    If I could have brought up your link, I wouldn't have used the one I did that is a link on "on call." However, it did mention that OP's time would have to be payable (engaged to wait) - it explained when you are engaged to wait. I probably should just have skipped a link & went with my post only. I don't call it "on call" either but just used that link due to its explanations re payable time.

    Anyway, in my opinion, time should be payable.

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  • Pattymd
    replied
    Betty3, in all my years, I've never heard of this being referred to as "on call" before; in any case, it's not "on call" as far as the FLSA is concerned.

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  • Betty3
    replied
    I have a reference (in loose leaf binder) that notes it's another form of "on call" - you're scheduled to work but have to wait until you're called on to do any work. In the meantime you're "engaged to wait." It's not what we normally think of as on call though I agree.

    I couldn't bring up your link when I posted late (was going to post it). It said DOL site under construction at the moment & link not currently available.
    I did note it's "engaged to wait" & payable time. (which my link also notes) The one I went ahead & used mentions on call, engaged to wait & waiting to be engaged.

    Thanks for the link usually used. I couldn't get it earlier.
    Last edited by Betty3; 12-14-2009, 06:45 AM.

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  • Pattymd
    replied
    This isn't really "on-call" since you're already there. Here is the FLSA regulation that applies.
    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.15.htm

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  • Betty3
    replied
    http://www.hrhero.com/benefits/tip-on-call.shtml

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  • Betty3
    replied
    If your employer has you physically at their place of work, that is generally hours worked. It seems you can't use this time effectively for your own purpose but must at all times be ready to act when work becomes available. This would usually be considered "engaged to wait" & the inactive time considered hours worked.

    Fl. doesn't have a DOL so to speak. I would try filing a wage claim with the federal DOL & let them investigate.

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