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Thread: Oregon: interaction between split-shift & 6th-day rules Oregon

  1. #1
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    Default Oregon: interaction between split-shift & 6th-day rules Oregon

    I've just run into an odd scheduling situation, in which I'm not sure how the relevant contract provisions will interact (assuming they apply). Background first: I'm a non-exempt employee under a union contract. The contract includes a rule regarding split shifts -- it says they're prohibited. It also gives a rule that says work on a 6th day of the week is to be compensated at time-and-a-half. Workweeks are Sunday through Saturday.

    Now the specific case:

    My schedule as originally posted included four work shifts: Tuesday (8 hours, early AM); Tuesday-Wednesday (8 hours, late night to early AM), Thursday (early AM), Saturday (early AM). I voluntarily agreed with a request to add a 5-hour shift Saturday evening, before the workweek began. Now, during the workweek, I've been asked to add a 4-hour Friday mid-afternoon shift.

    The combination of a Tuesday and Tuesday-Wednesday shifts is unusual, but I've understood it to be permissible under the contract since (a) the shifts occur more than 8 hours apart, and (b) the shifts occur over two calendar days (basically, one counts as a Tuesday shift and one counts as a Wednesday shift).

    I had not initially regarded the Saturday shifts as raising a "split shift" issue, since those are also scheduled with more than 8 hours between them. In light of the late addition of a Friday shift, I'm now wondering about that....

    ....because if it's *not* a split shift, then the Friday shift is my sixth separate shift in the same workweek, and management generally doesn't hand those out because that sixth shift normally triggers time-and-a-half pay even if one isn't working more than 40 hours.

    OTOH, if one goes strictly by contract language ("sixth day in a workweek"), the time-and-a-half provision may not click in, since all of the shifts in question occur over a five-day period (Tuesday-Saturday), with no hours Sunday or Monday. But if that's the case, then the early and late Saturday hours start to look like a "split shift" even though they're more than 8 hours apart.

    I have a strong suspicion that even if all six shifts are permissible under the contract, the payroll computer is going to assess overtime for one of them, and I raised the question with the individual who called to ask me in for the 6th shift. He doesn't think it's a problem, and all other factors being equal, I would just as soon take all the hours. But I'm now very curious about what *should* happen here with respect to "sixth day overtime", and whether I should have agreed to the second Saturday shift in the first place.

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    As you mentioned you are in a union, you should take a look at what your CBA says. Your question goes above and beyond labor law and into your union agreement, which none of us have access to. You can and should consult with your union with any questions about this issue.

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    Quote Originally Posted by lolcat View Post
    As you mentioned you are in a union, you should take a look at what your CBA says. Your question goes above and beyond labor law and into your union agreement, which none of us have access to. You can and should consult with your union with any questions about this issue.
    That's just it; as far as I can tell, what I've posted here is precisely everything the contract language has to say on these two subjects. I need an interpretation of the contract provisions as I've described them -- and I would prefer to get a neutral reading on the issues involved before making a decision on whether the situation merits creating a union/management conflict.

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    What TIME does the new workweek begin on Sunday? It's not automatically 12 midnight Sunday through 11:59 Saturday; I worked one place where all positions worked a shift starting at 7:00 am, so the workweek ran 7:00 am Sunday through 6:59 on Sunday.
    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.

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    Quote Originally Posted by cbg View Post
    What TIME does the new workweek begin on Sunday? It's not automatically 12 midnight Sunday through 11:59 Saturday; I worked one place where all positions worked a shift starting at 7:00 am, so the workweek ran 7:00 am Sunday through 6:59 on Sunday.
    That's a darned good question -- although I am not sure how it may impact this particular situation. Having said that: I don't know the official answer, but there are basically two possibilities. If they're using a fixed clocking time, it must be between 2AM and 4AM. Alternately, the payroll software (I've heard it referred to as "WorkBrain") may be treating any shift beginning on a given midnight-to-midnight workday as if all the hours in that shift occur on the same day.

    To amplify: I've occasionally worked shifts beginning Saturday evening and ending as late/early as 2 AM Sunday; all hours for these were accounted and paid for as part of the workweek ending on that Saturday. I have also occasionally worked shifts beginning as early as 4 AM Sunday, and the hours for those shifts have been paid as part of the workweek beginning on that Sunday. (I may as well note here that the industry is retail grocery.)

    As I say, I'm not sure how the question of workweek begin/end time impacts the present issue, since all the hours here occur between 4 AM on a Tuesday and midnight Saturday/Sunday (thus, there's no question they're all in the same workweek). But it is a good question, and that's the best answer I have for it.

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    You can ask your HR or payroll department and they will know when the work week starts. Some run 12:01 Sunday a.m. to midnight Saturday, and some do not. There are 168 hours from which to choose. It will always be the same, week to week, though. This information may impact whether this is a split shift for your company's work week.

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    Agreed. Past that, it is not legally impossible for a single company to have more then one legally defined workweek, but it is mechancially very difficult to make it work. I have never heard of a single payroll using more then one workweek, since unless you have a completely manual time accounting / payroll system, this information is used to process payroll.

    Monday 12:01 AM - Sunday midnight is arguably the most common workweek. Mechancially it is easiest to have day 7 of the workweek to be the slowest day of the workweek and have the day end at a time few people are working. Places that use different workweek defintions tend to have a lot of people working on Sunday. For example a restaurant that is closed Mondays will likely use Monday as their week ending date. My last 4 employers all ended their workweek Sunday midnight.

    Agreed, payroll and certain people in HR have to know what the workweek is.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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