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On Topic: UPS attempting to terminate newer driver after filing grievances
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<blockquote data-quote="35years" data-source="post: 2424571" data-attributes="member: 60822"><p><strong>2015 3rd district court decision</strong>:</p><p><a href="http://marker.to/I7yi7c" target="_blank">Perez v. American Future Systems, Inc., Dist. Court, ED Pennsylvania 2015 - Google Scholar</a></p><p>and here:</p><p><a href="http://www.theemployerhandbook.com/2016/01/flsa-101-pay-employees-rest-breaks.html" target="_blank">FLSA 101: When do you have to pay employees for rest breaks?</a></p><p></p><p>Note that one of the 2 exceptions to the "bright line rule" is extending an authorized break with an unauthorized one. What the OP did in extending his break is not protected.</p><p></p><p>The court ruled that rest room breaks under 20 minutes are paid. Prior OSHA rulings left the question of being paid or not up in the air.</p><p></p><p>Prior rulings have stated;</p><p>1 You can take rest room breaks immediately (don't have to wait till you are near a restroom or on break)</p><p>2 Company provides transportation to restroom</p><p>3 Restroom must have running water</p><p>4 Restroom breaks of under 20 minutes are reasonable</p><p></p><p>So, if you break trace to use THE NEAREST public rest room at Taco Bell, you don't have to clock out unless you then stay for a meal etc.</p></blockquote><p></p>
[QUOTE="35years, post: 2424571, member: 60822"] [B]2015 3rd district court decision[/B]: [URL='http://marker.to/I7yi7c']Perez v. American Future Systems, Inc., Dist. Court, ED Pennsylvania 2015 - Google Scholar[/URL] and here: [URL='http://www.theemployerhandbook.com/2016/01/flsa-101-pay-employees-rest-breaks.html']FLSA 101: When do you have to pay employees for rest breaks?[/URL] Note that one of the 2 exceptions to the "bright line rule" is extending an authorized break with an unauthorized one. What the OP did in extending his break is not protected. The court ruled that rest room breaks under 20 minutes are paid. Prior OSHA rulings left the question of being paid or not up in the air. Prior rulings have stated; 1 You can take rest room breaks immediately (don't have to wait till you are near a restroom or on break) 2 Company provides transportation to restroom 3 Restroom must have running water 4 Restroom breaks of under 20 minutes are reasonable So, if you break trace to use THE NEAREST public rest room at Taco Bell, you don't have to clock out unless you then stay for a meal etc. [/QUOTE]
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