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On Topic: UPS attempting to terminate newer driver after filing grievances
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<blockquote data-quote="Mugarolla" data-source="post: 2423793" data-attributes="member: 8481"><p>Incorrect.</p><p></p><p></p><p></p><p>Some do, but you do not have to, unless you are on your lunch or break.</p><p></p><p></p><p></p><p>Incorrect.</p><p></p><p></p><p></p><p>This is where they got him. You cannot go into Taco Bell, take a dump on the clock and then start your meal and take your full hour. If you are just going in to take a dump, you do not need to clock out. </p><p></p><p>If you are going in to take a dump and take your lunch, you need to clock out before you leave your package car.</p><p></p><p>If you have a delivery, you then need to clock out inside Taco Bell before you take your dump and then your meal.</p><p></p><p></p><p></p><p>Even if it is 10 minutes, you do not need to take break time, as long as that is all you do. If you stand in line and order a drink after your bathroom break and did not clock out, that is stealing time.</p><p></p><p></p><p></p><p>No need to, if that is all you're doing.</p><p></p><p></p><p></p><p>Correct. And they also got him for taking a 10 minute dump on the clock and then immediately clocking out for lunch.</p><p></p><p></p><p></p><p>If you are dumping coinciding with you meal, yes, it must be done while clocked out. If you dump an hour before lunch, or an hour after, you can do it on the clock.</p><p></p><p></p><p></p><p>Correct. If it is done close to your lunch, you should do it during your lunch or you are asking for trouble. if it is hours apart, not so much.</p><p></p><p></p><p></p><p>Correct.</p><p></p><p></p><p></p><p>Once is not a problem. Everyday is a problem.</p><p></p><p>And the FLSA does not cover going into Taco Bell, taking a dump on the clock, then going on your lunch.</p><p></p><p></p><p></p><p>Correct.</p><p></p><p></p><p></p><p>Incorrect.</p><p></p><p>If you go into Taco Bell to take a dump, and then leave without taking your lunch then no, you do not have to clock out.</p><p></p><p>If you go into Taco Bell to take your lunch, but take a dump before clocking out, you are not covered under the FLSA of 1938.</p><p></p><p>Again, the FLSA covers you if you go into a business to take a leak/dump. You can do it on the clock.</p><p> </p><p><em>Rest periods of short duration, usually 20 minutes or less, are common in industry (and promote the efficiency of the employee) and are customarily paid for as working time. These short periods must be counted as hours worked.</em></p><p></p><p>But, if you go into a business to take your meal, the FLSA does not cover you for taking a 10 minute dump on the clock and than clocking out for lunch. Or taking your full hour lunch and then using the rest room on the clock immediately after your lunch.</p><p></p><p><em>Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.</em></p></blockquote><p></p>
[QUOTE="Mugarolla, post: 2423793, member: 8481"] Incorrect. Some do, but you do not have to, unless you are on your lunch or break. Incorrect. This is where they got him. You cannot go into Taco Bell, take a dump on the clock and then start your meal and take your full hour. If you are just going in to take a dump, you do not need to clock out. If you are going in to take a dump and take your lunch, you need to clock out before you leave your package car. If you have a delivery, you then need to clock out inside Taco Bell before you take your dump and then your meal. Even if it is 10 minutes, you do not need to take break time, as long as that is all you do. If you stand in line and order a drink after your bathroom break and did not clock out, that is stealing time. No need to, if that is all you're doing. Correct. And they also got him for taking a 10 minute dump on the clock and then immediately clocking out for lunch. If you are dumping coinciding with you meal, yes, it must be done while clocked out. If you dump an hour before lunch, or an hour after, you can do it on the clock. Correct. If it is done close to your lunch, you should do it during your lunch or you are asking for trouble. if it is hours apart, not so much. Correct. Once is not a problem. Everyday is a problem. And the FLSA does not cover going into Taco Bell, taking a dump on the clock, then going on your lunch. Correct. Incorrect. If you go into Taco Bell to take a dump, and then leave without taking your lunch then no, you do not have to clock out. If you go into Taco Bell to take your lunch, but take a dump before clocking out, you are not covered under the FLSA of 1938. Again, the FLSA covers you if you go into a business to take a leak/dump. You can do it on the clock. [I]Rest periods of short duration, usually 20 minutes or less, are common in industry (and promote the efficiency of the employee) and are customarily paid for as working time. These short periods must be counted as hours worked.[/I] But, if you go into a business to take your meal, the FLSA does not cover you for taking a 10 minute dump on the clock and than clocking out for lunch. Or taking your full hour lunch and then using the rest room on the clock immediately after your lunch. [I]Unauthorized extensions of authorized work breaks need not be counted as hours worked when the employer has expressly and unambiguously communicated to the employee that the authorized break may only last for a specific length of time, that any extension of the break is contrary to the employer's rules, and any extension of the break will be punished.[/I] [/QUOTE]
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