Announcement

Collapse
No announcement yet.

12 Hour Shift, Forced to do roll over or turn over with out pay

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • 12 Hour Shift, Forced to do roll over or turn over with out pay

    Hello New Member here.
    I am a pipeline controller and I work a rotating shift from night to days. We have to give a briefing to our relief so they can take over the pipes which is required by Pipeline DOT and FERC . This can take from 5 minutes to 30 minutes depending on what is going on. This is called roller over time or turn over time.
    When we ask about it our manager about entering in the time that we worked he stated we do not get roll over time. So I have two questions.
    1. I see now after researching this, they have to pay this time but there is possible a repercussion over this if I push this issue is there protection from this? The repercussions are getting fired for any number of reason because you instigated and pushing for what is right.
    2. The next question would they have to pay us back pay for the time we was cheated out of and account for the overtime that would be included in it?

    Ghost
    Last edited by Ghost Rider; 05-24-2011, 04:15 AM.

  • HRinMA
    replied
    In your original post you state anywhere from 5-30 minutes. If you go ahead with the wage claim, be prepared that the company will say it was closer to 5 minutes rather than the 30 minutes you quoted in another post.

    Leave a comment:


  • RRPayroll
    replied
    With the amount of time/money you're talking about, personally I would file a wage claim. If you entitled to the extra time, it will mean you are paid for every bit of it. And if your employer does decide to take negative action against you, it always seems to be a little bit easier to back up if you've actually filed. In some cases, it might deter an employer from trying to mess with you because they know you'll report it.

    Obviously, none of this is guaranteed. There is no guarantee your claim will be successful, no guarantee your employer won't take negative action, and no guarantee you will be able to prove retaliation if they do. You have to weigh all the risks yourself, but the above is my suggestion.
    Last edited by RRPayroll; 05-25-2011, 06:17 AM. Reason: Typo

    Leave a comment:


  • DAW
    replied
    If you feel you are not being paid for all hours worked, you can file a wage claim or talk to an attorney. Past that, I am not sure what else I can say. Yes the employer can take either of those actions badly, which may result in a different reason to talk to an attorney. But there is nothing I can say that will effect how the employer reacts to actions you take.

    Leave a comment:


  • Ghost Rider
    replied
    Originally posted by DAW View Post
    I do not disagree with anything said. I might have asked different questions. The starting point is the workweek. Under federal law (FLSA), a workweek is a fixed block in time of 168 hours (24x7) that is defined by the employer, that tends to not change and is unrelated to shifts and schedules. So the 12-hour shifts do not actually mean anything here. What matters is the exact definition of the workweek. The last four employers I worked for had a workweek ending Sunday midnight, even though none of them had shifts/schedules ending then. So basically find out exactly when your workweek ends, count up all hours worked, and then overtime is a math calculation based on the number of hours worked past 40 in the workweek.

    Past that, if I am reading the question correctly, the key issue seems to be a disagreement on the actual hours worked, basically you feel that the employer is under counting hours. Agreed that your normal recourse is a wage claim. You should be keep track of all hours worked versus all hours paid and figure out what the short fall is. You want to be well documented prior to going to the hearing.
    http://www.dol.gov/whd/regs/compliance/whdfs23.pdf
    http://www.dol.gov/whd/regs/compliance/whdfs22.pdf

    Some states have daily overtime. TX is not one of those states. TX follows the federal overtime rules as is.
    correct after 40 hours is OT here. we work a 36hour and a 48 hour work weeks. It is the 30 minutes a day we work for free that is in question after or before the 12 hour shift starts. I have been here over 3 years and over 75% of my shift change took place on over time but i would be willing to settle for straight time. Still not sure how to approch HR over this or the new gas control manager. i spoke to a controller at another company and he told me he was threaten with losing his job if he pushed the issue.

    Leave a comment:


  • DAW
    replied
    I do not disagree with anything said. I might have asked different questions. The starting point is the workweek. Under federal law (FLSA), a workweek is a fixed block in time of 168 hours (24x7) that is defined by the employer, that tends to not change and is unrelated to shifts and schedules. So the 12-hour shifts do not actually mean anything here. What matters is the exact definition of the workweek. The last four employers I worked for had a workweek ending Sunday midnight, even though none of them had shifts/schedules ending then. So basically find out exactly when your workweek ends, count up all hours worked, and then overtime is a math calculation based on the number of hours worked past 40 in the workweek.

    Past that, if I am reading the question correctly, the key issue seems to be a disagreement on the actual hours worked, basically you feel that the employer is under counting hours. Agreed that your normal recourse is a wage claim. You should be keep track of all hours worked versus all hours paid and figure out what the short fall is. You want to be well documented prior to going to the hearing.
    http://www.dol.gov/whd/regs/compliance/whdfs23.pdf
    http://www.dol.gov/whd/regs/compliance/whdfs22.pdf

    Some states have daily overtime. TX is not one of those states. TX follows the federal overtime rules as is.

    Leave a comment:


  • RRPayroll
    replied
    Before you do anything, I'd let a few other people respond for a second opinion. There are several who have more experience in this area than I do.

    Leave a comment:


  • Ghost Rider
    replied
    well i did the math. I worked 702 days. roughly 429 those are OT. If it is .5 per day. It comes up to a grand total of 14,664.00 That is a lot of money just for one employee, just think of all the other shift workers in my company. WOW

    Leave a comment:


  • RRPayroll
    replied
    Hours worked are hours worked. It appears as though this briefing would qualify as a "principle activity" and would need to be compensated. This would result in back pay, any OT that was missed, and all of this possibly liquidated.

    So far as repercussions, your employer cannot fire you and discipline you for filing a wage claim. They may attempt to do so without saying as much, which can get fairly messy and depending on what they do can be difficult to definitively prove.

    Leave a comment:

Working...
X