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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: 2427108" data-attributes="member: 8481"><p>OSHA will support that position if, and only if, you just use the restroom and nothing else. If you are going into Taco Bell to take your meal, OSHA will not support using the restroom on company time outside of your hour lunch. This is extending your authorized lunch.</p><p></p><p></p><p></p><p>In all situations involving just the use of the restroom and nothing else. They went on to talk about extending breaks using the restroom. They did not allow this.</p><p></p><p></p><p></p><p>I do also. But remember this. If you have to stop and use the restroom and that is all you do, you do not have to clock out. If you also stop for your lunch or break, the restroom time is unpaid, included in your lunch or break. </p><p></p><p></p><p></p><p>Correct. You can go whenever you need to. And if that is the only thing you do, it is paid time.</p><p></p><p></p><p></p><p>Correct.</p><p></p><p></p><p></p><p>No you don't, if that is the only thing you are doing. If you are taking your lunch also, you have to piss off the clock. Weird, isn't it. Sorry, but that is the law.</p><p></p><p></p><p></p><p>No.</p><p></p><p></p><p></p><p>You are talking about being compensated for restroom breaks "if" that is the only thing you do. If you walked into Taco Bell, used the restroom and came out without buying anything or taking your lunch, you would not have been fired. You were fired for extending your breaks. Not covered by the FLSA.</p><p></p><p></p><p></p><p>Correct.</p><p></p><p></p><p></p><p>Incorrect. If you are just stopping for a quick restroom break, it is compensated time and you do not have to plan it during your "60" minutes.</p><p></p><p></p><p></p><p>Could have. Probably too late now to say he did that.</p><p></p><p></p><p></p><p>Correct.</p><p></p><p></p><p></p><p>Correct. Only if it a restroom stop and that is all you do.</p><p></p><p></p><p></p><p>No they cannot. Except for the fact that you are still in uniform and represent the company. You cannot do anything "stupid" that will tarnish the company image.</p><p></p><p></p><p></p><p>There are none. Restroom time is paid unless in conjunction with a lunch or break. If you stop to use the restroom, you do not have to take a break.</p><p></p><p></p><p></p><p>Exactly. It is non-compensable time.</p><p></p><p></p><p></p><p>Correct. As long as that is all you do.</p><p></p><p>Listen to what your BA tells you to do. I believe that you will get your job back. And if you do, ask your center manager about your restroom time while your BA is present so there are no miscommunications.</p><p></p><p>If your BA does not agree with what your center manager, they will hash it taking into account Company policy. FLSA and OSHA rules, and inform you of the agreed to policy.</p></blockquote><p></p>
[QUOTE="Mugarolla, post: 2427108, member: 8481"] OSHA will support that position if, and only if, you just use the restroom and nothing else. If you are going into Taco Bell to take your meal, OSHA will not support using the restroom on company time outside of your hour lunch. This is extending your authorized lunch. In all situations involving just the use of the restroom and nothing else. They went on to talk about extending breaks using the restroom. They did not allow this. I do also. But remember this. If you have to stop and use the restroom and that is all you do, you do not have to clock out. If you also stop for your lunch or break, the restroom time is unpaid, included in your lunch or break. Correct. You can go whenever you need to. And if that is the only thing you do, it is paid time. Correct. No you don't, if that is the only thing you are doing. If you are taking your lunch also, you have to piss off the clock. Weird, isn't it. Sorry, but that is the law. No. You are talking about being compensated for restroom breaks "if" that is the only thing you do. If you walked into Taco Bell, used the restroom and came out without buying anything or taking your lunch, you would not have been fired. You were fired for extending your breaks. Not covered by the FLSA. Correct. Incorrect. If you are just stopping for a quick restroom break, it is compensated time and you do not have to plan it during your "60" minutes. Could have. Probably too late now to say he did that. Correct. Correct. Only if it a restroom stop and that is all you do. No they cannot. Except for the fact that you are still in uniform and represent the company. You cannot do anything "stupid" that will tarnish the company image. There are none. Restroom time is paid unless in conjunction with a lunch or break. If you stop to use the restroom, you do not have to take a break. Exactly. It is non-compensable time. Correct. As long as that is all you do. Listen to what your BA tells you to do. I believe that you will get your job back. And if you do, ask your center manager about your restroom time while your BA is present so there are no miscommunications. If your BA does not agree with what your center manager, they will hash it taking into account Company policy. FLSA and OSHA rules, and inform you of the agreed to policy. [/QUOTE]
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