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Time Worked under FLSA? Arizona

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  • Time Worked under FLSA? Arizona

    We have a FLSA non-exempt employee who was threatened by an individual while working on-call for the company out in the community on a Crisis shift. This employee subsequently filed charges and attended court this week. Is the employee's time in court to pursue charges due to this work-related incident considered "time worked" according to FLSA and would we be required to compensate her for that time? Thank you :-)

  • #2
    What kind of work? Police officer? When you say working on call, does that mean that the person was only on call, and had not been called to work, or was the work she was doing at the crisis, her actual job duties??? Sorry confused. I see now that you said work related incident, but you still used the words on call, which would tell me she had not been called into work yet. Sorry again, your post is so vague, it is hard to try to find an answer. Maybe cbg would know??
    Last edited by turbowray; 08-03-2007, 04:10 PM.

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    • #3
      I have the same questions as Turboway. In general under federal rules only, a court apperance for a non-exempt employee would not normally be considered "hours worked". The phrase "on call" means something very specific under federal rules, but it does not seem that the phrase means the same thing to you as it does to federal DOL. If the employee was assaulted while doing their job, then if there is not an exception, perhaps there should be.

      We are going to need a lot more information to give you a good answer.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        Originally posted by DAW View Post
        I have the same questions as Turboway. In general under federal rules only, a court apperance for a non-exempt employee would not normally be considered "hours worked". The phrase "on call" means something very specific under federal rules, but it does not seem that the phrase means the same thing to you as it does to federal DOL. If the employee was assaulted while doing their job, then if there is not an exception, perhaps there should be.

        We are going to need a lot more information to give you a good answer.
        Whew, thank you, I thought it was just me being tired and slow lol! Even trying to find any information with what was posted, got my no where, especially on what FLSA was mentioned for in this situation, I wondered if it was FMLA??? I can tell you that my friend who was a bartender, had to call the police on assault charges against someone who was fighting, and had to go to court, and he was paid, but sometimes the bars property was involved, and was broken, so it is hard to say??

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        • #5
          I don't know if this is considered hours worked or not under FLSA, but (and excuse me for being blunt) how could you even consider not paying the employee for this time? She was threatened while she was performing her work duties, felt it deserved a police report and the DA obviously agreed, as she's going to court to testify in the case. How about a little compassion and just doing the right thing?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            HAHA wow, seems like my basic question, though vague I will admit, put you all in Crisis mode. I was just asking a question to satisfy my curiosity about what you thought regarding FLSA. You may need to take a "chill-pill" pattymd as I was not suggesting that we NOT pay the employee (wasn't even a consideration) but, rather, I was getting basic information regarding FLSA from your perspective. I am also sorry for being blut, but how about you first seek to understand before making ignorant assumptions?

            I already know the answer at this point and didn't think these hours were considered "work-hours" according to FLSA in the first place. However, we are going to pay the employee for the few hours to attend court eventhough we are not legally required to do so (this was never in dispute). Thank you for your time and attention!

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            • #7
              If you already knew the answer, why did you ask? "Would we be required to compensate her for that time?" certainly sounds like you didn't know and were trying to find a way NOT to pay her. Sometimes what the law requires is not the same thing as the "right thing to do".
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                sfloto, the purpose of these boards is not to test the responders on their knowledge. If you knew the answer to the question, there was no need to ask it.
                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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                • #9
                  I second that. You never answered my questions anyhow, so I don't know if your comment that you don't have to pay her is accurate anyhow.

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                  • #10
                    There seems to be a disconnect. I did not know the answer for sure at the time I posted the question. I got my answer after the posting from another source but before your respective responses (hence "I already know the answer at this point," "this point" being after reviewing your responses if you will reference the postings below). I was not trying to test anyone. It is amazing how you people just jump to conclusions. Frankly, I am surprised by your lack of intellectual capacity. Have a good day and sorry to bother you.

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                    • #11
                      OUR intellectual capacity is just fine.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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