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OT Workplace Legal Questions

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Not Me

01-28-2008 15:45:45




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My company is requiring us to "volunteer" to carry a pager. Can I legally provide a service to my workplace without recompense? Is it legal under tax laws?

The reason I have stayed with this company is the work schedule. We work 12 hour rotating shifts with long weeks and long breaks. For example, 4G, 4OFF, 3D+3G, 4OFF, 4D, 6OFF. My wife and I do a good bit of ttravelling when I am off. Carrying said pager requires me to be within an hour away at all times.

Not sure how WV tax laws are written, but it seems like the IRS is getting the short end too. Thanks in advance,

Not Me

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Bob85355

01-28-2008 18:09:49




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 Re: OT Workplace Legal Questions in reply to Not Me, 01-28-2008 15:45:45  
There was a big case came out of Texas about 30 years ago, San Antonio I think. Concerned requiring employees to carry pagers and be on call. Ended up they (whoever that was) had to pay for on call time.

Most of the pager carrying people in mid level positions that I"ve run across in the past 20 or so years have been compensated in some form for the pager and the on call.

I"ve seen several employeers try the "exempt" route. It gets a bit complicated but I think there are some federal rules that might help clarify your situation. What strikes me as more onerous is not more than one hour away. I know of a helicopter newsperson who could not get more than one hour away from his aircraft but I"m pretty sure that was in his employment contract. Yours probably dosen"t contain that provision. And yes, you can probably be fired if you don"t do what the company says but then you can always take it to court. One of the things we watched for when I had a day job was the old saying "Shocks the Conscience of the Court." I can almost hear some judge saying, "What"a you mean he can"t be more than an hour away from the plant!"

Bob

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T_Bone

01-28-2008 17:58:32




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 Re: OT Workplace Legal Questions in reply to Not Me, 01-28-2008 15:45:45  
Hi NM.

This ones easy. Just turn the pager off when your home and use a answer machine to screen calls. My son's in LE and that also works for him as there always calling him. He told them if they want to schedule him for 10hr or 12hr shifts then he can plan his free time accordingly. They haven't fired him yet after 8yrs. Just draw your line and stick to it.

T_Bone



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MarkB_MI

01-28-2008 17:37:25




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 Re: OT Workplace Legal Questions in reply to Not Me, 01-28-2008 15:45:45  
If you are an "exempt" employee (meaning exempt from labor laws), your employer can pretty much make you do anything they feel like.



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dave guest

01-28-2008 17:31:59




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 Re: OT Workplace Legal Questions in reply to Not Me, 01-28-2008 15:45:45  
Hey Spook, Where in Mich. do you work for GM. I worked at Poletown last 17 years. Got so bad I walked off job in middle of shift and retired. We had mandatory radios only on the job. If you protested, you were disciplined in writing, usually without representation. I am old school and respected management too, too, much and let them drive me nuts. Be careful and use your head for something besdies a hat rack. I didn't. Still have nightmares about workin'.

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KCFlame

01-28-2008 17:30:06




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 Re: OT Workplace Legal Questions in reply to Not Me, 01-28-2008 15:45:45  
Will they pay you a show up time, like a minimum of 4 hours? Are they requiring everyone to carry them? Is your job one that often requires them to call when your off? Is there anyone else available that can do your work? Got a senority system? Like low man on the totem pole has to respond if called, the guys with more do not.
When I carried one, before cell phones, that darn battery latch always kept coming loose, seemed to catch on everything. And metal truss roofs like in some grocery stores, play havoc on reception.

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mjbrown

01-28-2008 17:09:48




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 Re: OT Workplace Legal Questions in reply to Not Me, 01-28-2008 15:45:45  
You have every right to go to the WV dept. of Labor and ask questions. Then I would give the company a chance to prove if they are going to seriously impact you quality of life during your off time. If the pager is used occasionally to ask a quick question that's not a huge deal but if they want you on a short leash then record all your leash time and if you find it changes a good job to a crap job you have ammunition.

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Dave from MN

01-28-2008 17:05:59




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 Re: OT Workplace Legal Questions in reply to Not Me, 01-28-2008 15:45:45  
I was always required to have "my" cellphone one and with me, plus the company also gave me a "company" pager, and I also always had a motorola radio hanging on my hip as well. I was compensated well and didnt mind. I did often hear others be told "it's a condition of employment"



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Gun guru

01-28-2008 16:38:28




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 Re: OT Workplace Legal Questions in reply to Not Me, 01-28-2008 15:45:45  
If my boss told me that I had to be within an hour from work at all times I would want a premium for that "service" that I would be providing, like not going to my parents house, not going on a long weekend with my wife, etc. Ask for more money. (I would)



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Rob in Indiana

01-28-2008 16:26:09




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 Re: OT Workplace Legal Questions in reply to Not Me, 01-28-2008 15:45:45  
do you have a written job describtion and does it state that you are on call? Workplace labor laws tent to vary from state to state as to why a employee can be dismissed from a job.

Here in Indiana you can be let go for any reason, boss does not like you, ect. ect.



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Spook

01-28-2008 17:12:14




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 Re: OT Workplace Legal Questions in reply to Rob in Indiana, 01-28-2008 16:26:09  
I would ask for more money? Michigan is a "at will" state. You are free to quit at any time, and they are free to quit you at any time. A union contract makes things different. My employer ( GM ) has begun requiring salary, non union personnel to carry cellphones. You don't REALLY have to, but they don't have to give you a raise either. You might make their choices simple in the event of a layoff. :((( Basically, it doesn't sound like the end of the world, but it doesn't sound good either.

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Paul from MN

01-28-2008 16:16:29




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 Re: OT Workplace Legal Questions in reply to Not Me, 01-28-2008 15:45:45  
I would check with the local office of the US department of labor.



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Not El Toro

01-28-2008 16:10:16




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 Re: OT Workplace Legal Questions in reply to Not Me, 01-28-2008 15:45:45  
If you tell your employer that you travel on your time off and they insist you be on call then you need to quit travelling or find another job.



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Yugrotcart

01-28-2008 16:04:26




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 Re: OT Workplace Legal Questions in reply to Not Me, 01-28-2008 15:45:45  
I can't help you directly with your problem as I am in Canada, I can only relate.
I am forced every 10 weeks to carry a pager and be available ASAP. We are a non union shop and told if we don't like it, take a hike. Most other things with my employment are acceptable so what does a person do????? ????? //

Paul



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noncompos

01-28-2008 16:50:24




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 Re: OT Workplace Legal Questions in reply to Yugrotcart, 01-28-2008 16:04:26  
Wellll...first, you have to evaluate how onerous this is, in relation to how good the job is otherwise, and/or the possibility of finding another as good (except for this problem); then you could research your Province and Federal (or whatever the Canadian term is) labor laws (discreetly, of course)...if it appears you're being taken advantage of, because living wage jobs are hard to find:
You could (as discreetly) log the time required to be available on call (I assume you're not paid for waiting or travelling, but are paid for any actual work time), having your log witnessed; then:
Decide when you have enough uncompensated time accumulated to consider a claim, including peripheral costs...assuming, of course, the Agency that has jurisdiction is worker friendly or at least neutral, and that the Administration will support its Agency against an employer, and that you can afford to risk being labeled a malcontent, and become persona non grata to most employers...

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Mark-Mi

01-28-2008 17:18:20




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 Re: OT Workplace Legal Questions in reply to noncompos, 01-28-2008 16:50:24  
WV=West Virginia

Mark



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noncompos

01-28-2008 18:37:47




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 Re: OT Workplace Legal Questions in reply to Mark-Mi, 01-28-2008 17:18:20  
I"m not following you...did you notice my reply was to the Canadian?? Not that it wouldn"t apply, in a general sense, to anywhere. Best wishes.



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