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one more Mass. question. Massachusetts

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  • one more Mass. question. Massachusetts

    I understand that MA has the law if a person reports to work and is sent home they are required to get 3 hours pay. Does this mean showing up for work and clocking in or just entering the building. Last year during a slow period, when the floor salespeople were being sent home before any work was done, we were told by management that we had to be clocked in to qualify for the 3 hours pay. I think someone may have complained because now a manager stands at the employee entrance, or in the parking lot in good weather to tell workers that hours are being cut.

  • #2
    I'm assuming you're a non-exempt employee - correct?

    Ma. - When an employee who is scheduled to work three or more hrs. reports for duty at the time set by the employer, & that employee is not provided with the expected hrs. of work, the employee shall be paid for at least three hrs. on such day at no less than the basic min. wage. (unless you work for a charitable organization under the Internal Revenue Code)

    I'm not sure if they can get out of paying if you're not clocked in - is there a HR person around - hold on clerkgal.
    Last edited by Betty3; 09-27-2007, 06:56 PM.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      It's always been my understanding that it's not whether the person was or was not clocked in; it's whether or not they were told to report to work.

      If the employer calls the employee at home and says, "We have no work for you, don't come in" they don't have to pay the employee anything, no matter how many hours they were scheduled to work

      But if the employer doesn't bother to notify the employee, who then comes in to work, they are entitled to "reporting pay" whether they actually clock in or not.
      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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      • #4
        Thanks for all your information.

        To Betty3

        There isnt an actual HR person at the store. They have a manager who will handle instore HR issues. Usually nothing really gets done. As the actual HR office is located in the store in Maine. The Maine office handles all the HR questions for the New England area. any employee with HR questions that are not related to benefits, are directed to take it up with the store manager or the regional manager. If an issue is brought up with the store or regional manager such as the one I posted about, or an employee brings up something that they think isnt right, the issue may be addressed, but the employee will be punished by being sent home, given closing then opening shifts days in a row, or having their schedule cut down to the minimum hours required. So nobody will complain about anything even if it is not legal in MA. We are non Exempt, employees at will and basically the management has the attitude if you dont like it there's the door.

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        • #5
          I think Betty may have been asking if there was an HR person available on the board who could confirm her answer. (That would be me - and I'm in MA.).

          It's up to you how you want to address it. Nothing will change if no one does anything. But at the same time, you are the only one who knows what hill you are willing to die on. Few states have "reporting pay" laws and it's not impossible, if your headquarters is out of state, that they are not even aware of the law. It's also possible that they do know and are hoping you don't.

          Is there any manager that you are comfortable discussing this with, and with whom you will not be risking your job?
          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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          • #6
            Yes, that's what I was asking - if there was a HR person currently on the forum - I knew cbg would be along sooner or later.

            cbg - thanks. That's what I kind of thought but sure didn't want to tell OP wrong.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment

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