Announcement

Collapse
No announcement yet.

Adjusted Hours - Delaware

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

  • Adjusted Hours - Delaware

    Our HR manager just emailed a document for all hourly employees to read and sign. This document contains terms of hourly compensation that I'm not exactly sure how to interpret and am questioning the legality of. I have underlined the terms that are in question.

    The Terms:

    -Overtime is not permitted unless prior approval is obtained from management

    -It is mandatory to clock out for at least a 30 minute break if a 7 hour shift is worked

    -Any extra time accumulated from punching in/out prior to or after approved start/end shift times will be adjusted to actual shift start/end times

    -Lunch breaks will be adjusted to 30 minutes after the completion of a 7 hour shift if I punch out for less than 30 minutes or not at all

    Do the last two terms sound like illegal modifications to hourly records?



    Thanks for the feedback,

    Armor

  • #2
    1. For pay purposes, it depends on how much earlier/later you work. Plus, just because you are "clocked in" doesn't mean you are working (you, generically, no you personally). See here.
    http://ecfr.gpoaccess.gov/cgi/t/text...9:3.1.1.2.44.4

    2. You have to be paid for all time worked (with the "exceptions" included above). The rounding rules apply to in/out times for lunch as well.
    http://ecfr.gpoaccess.gov/cgi/t/text....2.44.3.436.10

    Having said the above, you can be disciplined up to, and including termination (if the employer so chooses) for not abiding by legal work instructions. If they don't want you clocking in early, then don't. If they don't want you to take more than 30 minutes for lunch, then don't. I'm guessing these policies have been made (however badly written) because people have been taking advantage of the previous policies. Although the law is pretty specific about pay, there is no law that would prohibit the employer from cracking down and firing people who don't follow the policies.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Is your read of the fourth point: if you work an 8 hour day (they say 7 because the law says minimum of 7 hours) but you don't take a lunch, they are going to dock you 30 minutes of pay even though you worked the whole 8 hours?

      Comment


      • #4
        What law says minimum of 7 hours?
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          General Provisions

          All employees must receive a meal break of at least 30 consecutive minutes if the employee is scheduled to work 7.5 or more hours per day. Meal breaks must be given sometime after the first two (2) hours of work and before the last (2) hours of work.

          This rule does not apply when:

          •The employee is a professional employee certified by the State Board of Education and employed by a local school board to work directly with children.
          •There is a collective bargaining agreement or other employer-employee written agreement, which provides otherwise
          http://www.delawareworks.com/industr...tInfo.shtml#b1
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            I was reading the question that the poster thought the minimum hours he could be scheduled was 7 hours, not the length of time re: breaks. Maybe I misinterpreted.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              Originally posted by cbg View Post
              Maybe I misinterpreted.
              Or not.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment

              Working...
              X