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Minimum Hours between shifts Idaho

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  • Sherigundrum
    replied
    Exactly DAW

    I agree, and again I am just gonna play it safe and cover things until I get it in writing and documented source. I miss CA for that one reason you and surf anything and find the right source....ID is about 10 years behind in its technology....but oh well. Thanks for your even handedness I got caught up in trying to defend myself and CA...when in reality all I ever wanted was an answer and a source to look up. Whew...I am tired now from all this bickering but thank you for setting me straight, regardless I will just over compensate to cover myself, better safe then sorry. Plus I wouldn't want to schedule some on on Fri till 11-1130p and then on Sat at 6am based upon someone else's opinion that no laws exsist. Thank you!!!!

    Leave a comment:


  • martinigirl
    replied
    I think OP's idea of providing 8 hours minimum sleep time and drive time is a humane and thoughtful policy. On that, I commend you.

    It doesn't seem to be required by law, but there is no reason not to implement it. We have all read quite a few posts by employees who wish they could get enough hours between shifts to rest.

    Leave a comment:


  • DAW
    replied
    All of the above seems to highlight several common labor law problems.
    - Large population states like California tend to have much better available information then small population states such as Idaho. CA has their law (labor code), regulations (industry specific wage orders), opinon letters, frequently ask questions webpages and their Enforcement manual all online and readily available. There are also a lot more people who are familar with CA rules available then there are for a state like Idaho. Arguably, it is much harder to get good information about the labor laws for a state such as Idaho then it is for a state such as California.
    - The other problem is misinformation. Most labor laws have been around for a long time and the rules associated with the laws have mostly sorted themselves out over the years. Most answers are generally spelled out somewhere. It is hard to say that (for example) an "8 hour between shifts" rule does not exist, but if such a rule does exist, it should be online somewhere. And if we read the rule, we should be able to verify that it actually says what people think it says. Proving a "negative" is logically impossible, but confirming a postive should be pretty straightforward, as long as a hard source can be cited.

    At the end of the day, it does not matter what we know or what we think or what we think we know, it matters what we can support.

    Leave a comment:


  • Pattymd
    replied
    OK, fine, do what you want. I'm just trying to tell you that you are confusing apples and oranges when you try to use that FLSA regulation as a prohibition against requiring shifts with less than 8 hours between them. That's just not what that regulation is addressing.

    I will say that, if you are in that many states, you really should subscribe to one of the Employment Law reference sources that include all states. Would save you a lot of time just on this issue alone.

    And now I'm done, too.

    Leave a comment:


  • Sherigundrum
    replied
    Thanks

    Yes, I pick one source, but CA has many, many such booklets for each industry....do I have to site all of them? *in frustration* - "I am finished with this....I will find the answer myself....first and probably last time I try this. Sorry you all misunderstood me and what I was needing. Short of call every states Labor board and asking them - I was hoping for something with some authoritative sources.....and I had to even defend my own knowledge from having worked in CA in HR and payroll for over 30 years....now in Idaho things are very different as they follow mostly the FLSA....so I think I will go with the 8 hours minimum sleep time and give them drive time between just in case. I wouldn't want to break a law and then find out. Play it on the safe side I think the first person who answered, was right. two different crews.

    Leave a comment:


  • Pattymd
    replied
    And the FLSA reg has to do with sleeping time as "part of the job", such as a residential caretaker or emergency responder. It does not require 8 hours between shifts. It defines the rules for determining "hours worked".

    Leave a comment:


  • martinigirl
    replied
    What you provided from FLSA, again, is different. Requiring 8 hours off after working 24 hours is not the same as 8 hours off between shifts. You can legally, in CA, require an employee to work 8a-4p, then 4p-Midnight. The only thing that comes into play there is what the workday is for determination of overtime.

    Leave a comment:


  • martinigirl
    replied
    I am very familiar with that wage order as it applies to healthcare and that section specifically applies to the alternative workweek schedules. I work exclusively with hospitals.

    The quote you provided does not require that employee have 8 hours off between shifts. It stipulates that an employee can't work more than 24 consecutive hours until they get 8 hours off-duty following the 24 consecutive hours.

    Do you or your employees work 24-hour shifts in California? If not, the point is moot. In hospitals, this section usually only applies to EMTs who often do work 24 hour shifts.

    Leave a comment:


  • Sherigundrum
    replied
    FLSA states

    Sleeping Time and Certain Other Activities: An employee who is required to be on duty for less than 24 hours is working even though he/she is permitted to sleep or engage in other personal activities when not busy. An employee required to be on duty for 24 hours or more may agree with the employer to exclude from hours worked bona fide regularly scheduled sleeping periods of not more than 8 hours, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night's sleep. No reduction is permitted unless at least 5 hours of sleep is taken.

    source - FLSA

    And sorry, but it wasn't yelling I was using it for emphasis.......Sorry

    Leave a comment:


  • Pattymd
    replied
    Don't yell.

    And did you see that CA IWC 5-2001 applies to the Public Housekeeping Industry (including Health Care?

    No.
    Last edited by Pattymd; 10-31-2007, 01:04 PM.

    Leave a comment:


  • Sherigundrum
    replied
    CA law found

    (10) Provided further that no employee shall be required to work more than 16 hours in a 24-hour period unless by voluntary mutual agreement of the employee and employer, and no employee shall work more than 24 consecutive hours until said employee receives not less than eight (8) consecutive hours off-duty immediately following the 24 consecutive hours of work.

    source - INDUSTRIAL WELFARE COMMISSION ORDER NO. 5-2001
    REGULATING WAGES, HOURS AND WORKING CONDITIONS

    I have been unable to find the same laws in Idaho which is why I am asking -- DOES IDAHO HAVE A MINIMUM TIME OFF HOURS BETWEEN SHIFTS?????

    Leave a comment:


  • martinigirl
    replied
    Your employer may choose to have a policy that requires a certain number of hours off between shifts, but there is no labor law in California requiring it. Often employees get laws and employer policy confused. An employer can require you to work a certain way, as long as it's not illegal. But, it doesn't mean that all employer policies are required by law.

    I can't find you anything in writing, because there isn't such a law. If you have a link from another thread that contradicts this, or a link to the California law itself, please post it.
    Last edited by martinigirl; 10-31-2007, 12:22 PM. Reason: misspelling

    Leave a comment:


  • Sherigundrum
    replied
    Sorry Martini Girl BUT

    I worked for an employer and I ended my shift at 3am on Sat, they could not schedule me for at least 8 hours minimum plus time to get home and back. Some states I am told from my CPA require 12 hours.....read postings under the Heading "Minimum hours between shifts" Old thread, several people from CA and other states replied with the same answers....but it only applies to the same employer, if you work for two or more employers then it is mute. But thanks for all your assistance. Our CPA said 12 hours, but I really thought it was 8 hours between. Good to know that there isn't a labor law...perhaps though someone could give me a source to confirm it as I would prefer something concrete and in writing. Just for covering myself.

    Leave a comment:


  • martinigirl
    replied
    I'm in California and deal with the question all the time. There is no such law in California unless it's in an obscure wage order that applies only to a very few jobs. This is a very persistent myth that might have some historical basis in old law, but it has not been law for a very long time.

    Leave a comment:


  • DAW
    replied
    Originally posted by Sherigundrum View Post
    I know in some states (CA for instance) an employee cannot be schedule less than 8 hours between shifts for the same employer.

    Do you have an actual source for this that you can share? Thank you.

    Leave a comment:

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