Forced to take an upaid Break

guyinthebrownbox

Well-Known Member
Yes they can make you take a break. Federal labor laws do not require a lunch break but if one is offered by the company, it must be off the clock if it lasts 30 minutes

This is at the companies discretion

I don't know what local you are in, but article 49 section 1 of the contract says part timers only make overtime after 8 hours if working more than 8 hours in a 24 hour period. Ups is making you take the break to split the "shift" rather than running 2 sorts to avoid paying the overtime after 5 hours.

UPS is within the law and the contract agreement. Welcome to peak season


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guyinthebrownbox

Well-Known Member
UPS is forcing the PT to stay on property waiting for late loads to come in while off the clock. And then cheating them out of their OT.

If you are off the clock and UPS is forcing you to stay on property, tell them to go pound sand. Whether you are going home for the day, or on an unpaid break, you are on YOUR time, and if they want to discipline you for that, you need to be on the phone with the union and if they don't help, call a lawyer


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UpstateNYUPSer(Ret)

Well-Known Member
If you are off the clock and UPS is forcing you to stay on property, tell them to go pound sand. Whether you are going home for the day, or on an unpaid break, you are on YOUR time, and if they want to discipline you for that, you need to be on the phone with the union and if they don't help, call a lawyer.

The OP is not being forced to stay on property; however, with only a 30 minute break and being in the middle of nowhere, his options are pretty much limited to staying on property.

UPS is clearly doing this to avoid having to pay OT, which is well within their rights to do.
 

guyinthebrownbox

Well-Known Member
The OP is not being forced to stay on property; however, with only a 30 minute break and being in the middle of nowhere, his options are pretty much limited to staying on property.

UPS is clearly doing this to avoid having to pay OT, which is well within their rights to do.

Agreed and I think I quoted the wrong post above and might have confused the thread haha. My mistake


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HardknocksUPSer

Well-Known Member
Because management always tells the truth?
Heck no but turnover is so high in my center most only make it a couple days.. And then they quit, and I've been put back on preload, one preloader got fired for stealing pills so there's a spot open, and 4 guys are quiting reload at the beginning of the year due to college, and some of the other preloaders are going driving full time so who's goina fill their shoes? You don't honestly think UPS would throw me out the window and hand a new guy my trucks to load when I load them perfectly fine. I have good friends who are drivers and they have a lot of seniority so that's played in my favor somewhat. And they've already invested money into training and only 3 other guys that are new hires have stuck with the job. Thanks.
 

PT Car Washer

Well-Known Member
Yes they can make you take a break. Federal labor laws do not require a lunch break but if one is offered by the company, it must be off the clock if it lasts 30 minutes

This is at the companies discretion

I don't know what local you are in, but article 49 section 1 of the contract says part timers only make overtime after 8 hours if working more than 8 hours in a 24 hour period. Ups is making you take the break to split the "shift" rather than running 2 sorts to avoid paying the overtime after 5 hours.

UPS is within the law and the contract agreement. Welcome to peak season


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Maybe where you are at. Central Region PT is OT after 5 hours.
 

guyinthebrownbox

Well-Known Member
Never said you were and I never said I disagree with you. That's why I said earlier I didn't know what local you all were in. Calm down Mr most definitely


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bleedinbrown58

That’s Craptacular
Heck no but turnover is so high in my center most only make it a couple days.. And then they quit, and I've been put back on preload, one preloader got fired for stealing pills so there's a spot open, and 4 guys are quiting reload at the beginning of the year due to college, and some of the other preloaders are going driving full time so who's goina fill their shoes? You don't honestly think UPS would throw me out the window and hand a new guy my trucks to load when I load them perfectly fine. I have good friends who are drivers and they have a lot of seniority so that's played in my favor somewhat. And they've already invested money into training and only 3 other guys that are new hires have stuck with the job. Thanks.
I thought you got moved because of excessive misloads...that's loading them fine? lol
 
F

FrigidAdCorrector

Guest
Heck no but turnover is so high in my center most only make it a couple days.. And then they quit, and I've been put back on preload, one preloader got fired for stealing pills so there's a spot open, and 4 guys are quiting reload at the beginning of the year due to college, and some of the other preloaders are going driving full time so who's goina fill their shoes? You don't honestly think UPS would throw me out the window and hand a new guy my trucks to load when I load them perfectly fine. I have good friends who are drivers and they have a lot of seniority so that's played in my favor somewhat. And they've already invested money into training and only 3 other guys that are new hires have stuck with the job. Thanks.
Turnover in my center is high as well. But there are still some guys I'm not going to keep after peak because I feel like a baby sitter and they're terrible. Having driver friends doesn't help at all. I don't care if you're married to a driver. I'm going to keep you based on skill, not who you know.
 

browner89

Well-Known Member
I believe it's overtime after 5 hours if that's what it says in your supplement. No matter how they disguise it! Next if your supplement says you are entitled to an hour lunch if you work over 6 hours (state law if it applies) as do the full timers in western, you can take an hour and leave the property. If they don't let you take an hour and you are entitled to the other 1/2 hour is paid at overtime. Yes they can have you take a lunch unpaid but make sure you get your two breaks paid if you work/ are scheduled for 8 hours.

My specific supplement says that if you're scheduled to work 8 hours you don't get OT after 5, but after 8. OP might be in the same boat, as it definitely sounds like he's being schdeduled for 8 since they're telling him he's getting an 8 hours guarantee, break laws are also very depending on your specific states DOL laws.

My state has absolutely no break requirements, while many states require a break, unpaid to a certain number of minutes, paid after that number, if you're working X amount of hours.

You need to read both state DOL laws and specific supplement language to help the OP.
 

HardknocksUPSer

Well-Known Member
Turnover in my center is high as well. But there are still some guys I'm not going to keep after peak because I feel like a baby sitter and they're terrible. Having driver friends doesn't help at all. I don't care if you're married to a driver. I'm going to keep you based on skill, not who you know.
My sup doesn't have to babysit me, everyone else of the new guys has to have help loading and they always want the sup to pull the belt for them I load and pull and never get stacked out until the last hour of each day when they 2 man double up in trailers in primary.
 
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