A federal judge has ruled that Los Angeles police officers should be paid for the time it takes them to put on and take off their uniforms and safety equipment, a ruling that could potentially cost the LAPD millions of dollars in back pay and higher salaries. [More]Many years ago, I used to be a shift supervisor in a medical plastics department under strict FDA cGMP compliance rules--we made IV tubing and the like, and had to do our compounding and extrusion operations in a "clean room" environment. This necessitated suiting up in special cover-alls, head gear and footwear before entering the controlled environment--including reversing the process in a controlled staging area before leaving.
We were expected to be on time and ready to relieve the previous shift when the bell rang--and the clock started.
Of course, we were only mere productive citizens paying for all this government largesse--it's not like we were "Only Ones" or anything.
I wonder if the judge gets paid to put his robes on and take them off...?
[Via Tom Z]
8 comments:
I would instead, like to make the following little speech to the LAPD. You're all a bunch of assholes, and you're fired. No severance, no retirement. Just clean out your desks and beat it.
This is in line with a SCOTUS ruling about 4-5 years ago holding that time dressing/gowning was time "on the clock," if it was necessary for the job function. I have no problem with this as normal citizens are afforded the same protection. I was working cGMP as a chemist/supervisor at the time of the change, and it doesn't obviously really apply to salaried positions, but the wage workers were notified of the change and policies were implemented to support it.
I predict that many of the thieves on the LAPD payroll will start dressing and undressing at home so as to extend their time on clock to include travel to and from.
It would be helpful if the badge-clowns spent their whole shift just dressing and undressing...dressing and undressing...dressing and undressing... Maybe a donut break ever so often.
Wow, they're really some more friends with this one. Makes me so happy to pull 12 to 14 hour days in the Army and not get overtime or any of that other BS.
These two Sections of the Code of Federal Regulations dealing with the FLSA indicate that any required employee activity, including a preparatory activity, that promotes the employer’s business rather than the employee’s convenience must be counted as hours worked and must be compensated.
29 CFR 785.24 - Principles noted in Portal-to-Portal Bulletin
29 CFR 785.25 - Illustrative U.S. Supreme Court decisions.
The following Section provides an exception in the event that a collective bargaining agreement specifically exempts the preparatory activity. The job that required you to spend your own time off the clock to prepare for work may have been the result of your union representative cutting a deal, or it could have been your company’s administration making its own rules just because “I say I can”. Many companies make their own rules and either intimidate their employees with threats of termination or figure employees will not question their unreasonable policies. Many administrators and HR personnel have no working knowledge of their respective state’s labor codes and are totally ignorant when it comes to FLSA. Many of their company employee policies may be charged to ignorance or, in some cases, sheer stupidity.
29 CFR 785.26 - Section 3(o) of the Fair Labor Standards Act.
N'all them damn regulations and whatnot is what destroyed our capacity to make anything in this country. No other country in the world is as business hostile as the US. Regulations, taxes, unions, govt. interference via enviornmental bullshit is what killed the golden goose. Know why your kids aren't going to do as well as you did? Because of this kind of bullshit. Point out to me one viable industry that hasn't been gutted by this stuff. Almost half the companies in this country operate in the red. In the end, the Athenians wanted to be free from any responsability.
Sean, Bingo.
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