Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Clocking out for 2-3 hour breaks but not being allowed to leave Texas

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

  • Clocking out for 2-3 hour breaks but not being allowed to leave Texas

    My daughter works at a pizza place. She has been made on several occasions to clock out for up to 2 to 3 hours because the manager says the labor is too high. She is not allowed to leave the premises during this time. She has to stay at the store. Is this legal?

  • #2
    I assume your daughter is a non-exempt employee? (seems so)

    Since she has to remain at the store during these 2-3 hr. breaks, is she still relieved of all duties? What does she do during this time?
    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


    • #3
      Reply to Betty3

      She doesn't have to do anything during this time but she has to stay on the premises.
      Last edited by waxiedad; 12-22-2007, 07:50 PM.

      Comment


      • #4
        Yes, it's legal & if she is relieved of all duties, she does not have to be paid for any of this time. Tx. has no law that any time has to be paid for breaks.
        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


        • #5
          Reply back to Betty3

          You mean they can legally keep her there for up to 3 hours without letting her leave and not pay her?

          Comment


          • #6
            I'm not so sure they can, but I'd prefer to wait for one of the payroll people to chime in.
            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
              Replies back to cbg and betty3

              do you know of any federal labor laws that would address this situation?

              Comment


              • #8
                If you can be patient - it is three in the morning, after all - and wait for Patty or DAW, I'm sure one of them will have the appropriate laws to hand.
                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


                • #9
                  So, what DOES she do during this time? Is she subject to callback to work at any point during this down time?
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    This is covered by federal law (FLSA), although it is one of the rules which I have never been very comfortable with. Collectively the three regulations are 29 CFR 785.14-785.16. The key to federal DOL is whether the employee was engaged to wait or waiting to be engaged. I am going to quote one section from one of the reguations but the OP really needs to read all three regulations in their entirity (they are not very wordy).

                    IMO, I would say that because the employee cannot leave the work site, that this is paid time, and that a wage claim with federal or state DOL will probably be successful. Of course, no one working for federal or state DOL cares what my opinion is.

                    http://www.dol.gov/dol/allcfr/ESA/Ti...9CFR785.16.htm
                    (a) General. Periods during which an employee is completely relieved from duty and which are long enough to enable him to use the time effectively for his own purposes are not hours worked. He is not completely relieved from duty and cannot use the time effectively for his own purposes unless he is definitely told in advance that he may leave the job and that he will not have to commence work until a definitely specified hour has arrived. Whether the time is long enough to enable him to use the time effectively for his own purposes depends upon all of the facts and circumstances of the case.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment


                    • #11
                      Reply to Pattymd

                      She is subject to being called back at any time during this down time. There is no definite time given on when she has to be clocked back in.

                      Comment


                      • #12
                        Reply to DAW

                        So in laymans terms what does this ruling say 29 CFR 785.14-785.16?

                        Comment


                        • #13
                          It says, practically speaking, that she is "engaged to be waiting", since 1) she is required to stay on the premises; 2) she is subject to callback to work at any time, which means 3) she cannot use the time for unrestricted personal activities.

                          And, therefore, the time is compensable.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                          Comment


                          • #14
                            US DOL - Waiting time: Whether waiting time is hrs. worked under the Act depends upon the particular circumstances. Generally, the facts may show that the employee was engaged to wait (which is work time) or the facts may show that the employee was waiting to be engaged (which is not work time). For example a secretary who reads a book while waiting for dictation or a fireman who plays checkers while waiting for an alarm is working under such periods of inactivity. These employees have been engaged to wait.

                            When I typed my original posts I thought about her possibly needing to be paid but then per above it seemed to me she didn't. It's not like a sec. waiting for dictation or a fireman waiting for an alarm or OP's daughter waiting for a customer where it's considered working under such periods of inactivity. (engaged to wait) It seemed more to be she was just waiting for her 2-3 hr. break to be up to go back to work (waiting to be engaged). That was though before the parent said she could be called back from break at any time. I guess I can see it there that she should be paid for her time (engaged to wait) even though it doesn't quite fall within the examples above. Daw's & Patty's info sure makes it seem she should be compensated for her time.

                            Thanks DAW & Patty. I agree that she should put in a claim with the TWC.
                            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

                            The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                            Working...
                            X