Total Service Disruption today?

[MAKAVELI]

According to whom? Leaving is 100% voluntary. This contradicts the law, which says employers MUST allow employees to leave. It is objective and your argument is that an employee’s choice would burden the employer. Can you cite case law supporting this claim? Brinker allows “early breaking” in CA

Wh

While on road is 1 thing. Leaving the station and going on break while driving a company van is another.

Noticed you didn't address my other question. Do you believe DOT certified CSA and DOT handlers or anyone that has gone thru defensive driving class should get to drive a company van from the station everyday when they go to lunch?

5 miles or 5 minutes? Do people still adhere to that rule? That rule was out of date in 98. As long as we are back in our area within the hour, we go where we want.

While on road or not the law is the same. I use the 5 min as well as my paid breaks in conjunction with my meal break.

 

[Oldfart]

Wh

While on road or not the law is the same. I use the 5 min as well as my paid breaks in conjunction with my meal break.

Still didn't answer my question. Do you believe anyone that is qualified to drive a FDX vehicle should be allowed to leave the station and drive a company van to lunch. CSA, handler, whoever?

 

[MAKAVELI]

Still didn't answer my question. Do you believe anyone that is qualified to drive a FDX vehicle should be allowed to leave the station and drive a company van to lunch. CSA, handler, whoever?

If they are scheduled to drive that day, yes. Does that answer your question?

 

[Maui]

Brinker is a case that involves a restaurant. Totally different industry and meal break issues.

It applies to all CA employees with a few exceptions outlined in Section 512 ie healthcare and film workers. Where would you get the idea that it would not apply?

Brinker Restaurant Corp. v. Superior Court
53 Cal.4th 1004, 1041 (Cal.,2012). "We conclude that, absent waiver, section 512 requires a first meal period no later than the end of an employee's fifth hour of work, and a second meal period no later than the end of an employee's 10th hour of work. We conclude further that, contrary to Hohnbaum's argument, Wage Order No. 5 does not impose additional timing requirements."

 

[MAKAVELI]

It applies to all CA employees with a few exceptions outlined in Section 512 ie healthcare and film workers. Where would you get the idea that it would not apply?

Brinker Restaurant Corp. v. Superior Court
53 Cal.4th 1004, 1041 (Cal.,2012). "We conclude that, absent waiver, section 512 requires a first meal period no later than the end of an employee's fifth hour of work, and a second meal period no later than the end of an employee's 10th hour of work. We conclude further that, contrary to Hohnbaum's argument, Wage Order No. 5 does not impose additional timing requirements."

Why do you suppose FedEx locks us out of the powerpad during our lunch break?

 

[MAKAVELI]

It applies to all CA employees with a few exceptions outlined in Section 512 ie healthcare and film workers. Where would you get the idea that it would not apply?

Brinker Restaurant Corp. v. Superior Court
53 Cal.4th 1004, 1041 (Cal.,2012). "We conclude that, absent waiver, section 512 requires a first meal period no later than the end of an employee's fifth hour of work, and a second meal period no later than the end of an employee's 10th hour of work. We conclude further that, contrary to Hohnbaum's argument, Wage Order No. 5 does not impose additional timing requirements."

Where does it state an employer can require a meal break after an hour of work?

 

[Maui]

Why do you suppose FedEx locks us out of the powerpad during our lunch break?

So no work is performed.

Where does it state an employer can require a meal break after an hour of work?

The only timing requirements are that a first meal break occur in the 5th hour and that a second meal break happen by the 10th hour.

The original complaint was that breaks should be required every 5 hours worked, so that there was not a work period of greater than 5 hours without a meal break. This included a claim against early lunching.

"In aid of a court-ordered mediation, the parties stipulated to the trial court‟s
resolving the legal issue central to the early lunching theory: whether state law
imposes timing requirements on when a meal period must be provided and, if so,
what it requires."

So that specific question was answered in the quoted portion of the opinion. "does not impose additional timing requirements." The question addressed lunches in the first hour. This reversed the opinion of the trial court that "early lunching" was disallowed.

 

[floridays]

You said leave the station. If management says we're Starting the belt and have 75 minutes of work. We expect a 45 minute delay until the remainder of the freight arrives. We will stop the belt and everyone will take a 30 minute break.

At that point you are relieved from duty and on break. You may not perform work, which would include using a company vehicle. If you choose to leave you have to get your own transport. Using a company vehicle would not be an option.

Gonna have to disagree with your interpretation of the California Law as it is written:
Division of Labor Standards:
Q. What are the basic requirements for meal periods under California law?

A. Under California law (IWC Orders and Labor Code Section 512), employees must be provided
The Law does not require an employee to take a break, the company is required to provide a minimum of 30 minutes of break time to the employee.

Unless the employee is relieved of all duty during the entire thirty-minute meal period and is free to leave the employer's premises, the meal period shall be considered "on duty," counted as hours worked, and paid for at the employee's regular rate of pay.

Relieved of all duty, was put into the law to deal with establishments such as 7-11 and like businesses that may not have another employee to relieve of all duty the employee that is taking a break. Their lunch (break) may be intermittently interrupted by customers, and are not able to leave the premises, thus it is required to be paid.
Relieved of all duty, according to the statue does not cover the scenario you depicted as, "We have no work, you are relieved of duty." A courier has other duties apart from delivering packages and sorting and loading freight. There are codes for these tasks as you are well aware.
Under your scenario did the company fulfill it's lawful duty to provide for a break, the answer would be yes. Does the company have written policies when these breaks should be taken, the answer would be yes again. Does the company still have the policy, which was treated as a prohibition generally of no breaks in the first or last hour, barring unforeseen events events that would affect operational need, that would still be a yes as far as I currently understand. Occasional waiting for freight, does not trigger an operational need for breaks. Whether a break is taken during the waiting period does not change or affect the operation.
I think you conveniently said "We have 75 minutes of work" to negate citing the no break in the first hour. If you managed like that, you're a POS and I certainly wouldn't have wanted to work for you, it would be a huge indicator of how you treated other issues.

 

[Maui]

Gonna have to disagree with your interpretation of the California Law as it is written:
Division of Labor Standards:
Q. What are the basic requirements for meal periods under California law?

A. Under California law (IWC Orders and Labor Code Section 512), employees must be provided
The Law does not require an employee to take a break, the company is required to provide a minimum of 30 minutes of break time to the employee.

Unless the employee is relieved of all duty during the entire thirty-minute meal period and is free to leave the employer's premises, the meal period shall be considered "on duty," counted as hours worked, and paid for at the employee's regular rate of pay.

Relieved of all duty, was put into the law to deal with establishments such as 7-11 and like businesses that may not have another employee to relieve of all duty the employee that is taking a break. Their lunch (break) may be intermittently interrupted by customers, and are not able to leave the premises, thus it is required to be paid.
Relieved of all duty, according to the statue does not cover the scenario you depicted as, "We have no work, you are relieved of duty." A courier has other duties apart from delivering packages and sorting and loading freight. There are codes for these tasks as you are well aware.
Under your scenario did the company fulfill it's lawful duty to provide for a break, the answer would be yes. Does the company have written policies when these breaks should be taken, the answer would be yes again. Does the company still have the policy, which was treated as a prohibition generally of no breaks in the first or last hour, barring unforeseen events events that would affect operational need, that would still be a yes as far as I currently understand. Occasional waiting for freight, does not trigger an operational need for breaks. Whether a break is taken during the waiting period does not change or affect the operation.
I think you conveniently said "We have 75 minutes of work" to negate citing the no break in the first hour. If you managed like that, you're a POS and I certainly wouldn't have wanted to work for you, it would be a huge indicator of how you treated other issues.

My interpretation is the citing of the Brinker opinion which states that the law has no time requirement other than by the 5th hour. Unless another case is decided that imposes additional time requirements, then it is not my interpretation, but that of the Supreme Court of California.

If there is no freight, no training, pre-trips completed, etc. there is no work duty. You think whatever you like, it matters not to me.

I already stated my personal opinion, which is to use the 43; however, policy and most if not all state laws allow the break after the first hour (some states, like CA, do not have that restriction). Are you capable of separating what is allowed by law from someone's preferences? People here persist in error about what CAN be done.

 

[Oldfart]

Mercy, Do you people work for Morgan and Morgan or FDX? Why would anyone spend so much time studying laws and regulations? Paranoia will destroy ya.

 

[Cactus]

No different than a factory production worker being forced to wait off the clock for a machine to be repaired.

Yeah right. You gotta' kidding. Espescially in union shop?

Popular misconception from planet Dano.

 

[Operational needs]

Okay, this is getting ridiculous. I was just sent a message announcing a 45 minute late start tomorrow. Don’t know the reason yet, but supposedly for the past week all the problems have been coming out of Memphis. @MemphisHubFedExer can you give us any idea of what the problem is there? Pilot slow down, labor shortage, running out of de-icer, strike? WTH?

Nope. Not weather.

 

[SmithBarney]

Okay, this is getting ridiculous. I was just sent a message announcing a 45 minute late start tomorrow. Don’t know the reason yet, but supposedly for the past week all the problems have been coming out of Memphis. @MemphisHubFedExer can you give us any idea of what the problem is there? Pilot slow down, labor shortage, running out of de-icer, strike? WTH?

Probably due to the weather across the east coast, delays ripple through the system...45min seems alot. I have Customers in FL who call me asking why I shipped through Memphis(now the package is stuck there in weather)

 

[Operational needs]

Probably due to the weather across the east coast, delays ripple through the system...45min seems alot. I have Customers in FL who call me asking why I shipped through Memphis(now the package is stuck there in weather)

Lol. As if you choose where their packages will go.

 

[Maui]

Okay, this is getting ridiculous. I was just sent a message announcing a 45 minute late start tomorrow. Don’t know the reason yet, but supposedly for the past week all the problems have been coming out of Memphis. @MemphisHubFedExer can you give us any idea of what the problem is there? Pilot slow down, labor shortage, running out of de-icer, strike? WTH?

View attachment 176014

Nope. Not weather.

By policy you CAN clock in at your scheduled time, but I’d guess the plane will be late. Temps expected to be below freezing in MEM all day so no chance to melt of the previous stuff.

 

[Fred's Myth]

Okay, this is getting ridiculous. I was just sent a message announcing a 45 minute late start tomorrow. Don’t know the reason yet, but supposedly for the past week all the problems have been coming out of Memphis. @MemphisHubFedExer can you give us any idea of what the problem is there? Pilot slow down, labor shortage, running out of de-icer, strike? WTH?

View attachment 176014

Nope. Not weather.

Freight coming through here was coated in ice. Think it might be a new service test marketed by FedEx.

 

[MemphisHubFedExer]

Okay, this is getting ridiculous. I was just sent a message announcing a 45 minute late start tomorrow. Don’t know the reason yet, but supposedly for the past week all the problems have been coming out of Memphis. @MemphisHubFedExer can you give us any idea of what the problem is there? Pilot slow down, labor shortage, running out of de-icer, strike? WTH?

View attachment 176014

Nope. Not weather.

Last Thursday night, Memphis got about a quarter inch of ice and about an in of snow on top of that. Driving on the ramp was hysterical. We had tugs pushing other tugs just to get freight to the gate. The ice made it take about twice as long to deice planes as just snow. Friday dayside rolled a ton back onto Saturday night side. Just as the hub was catching up to itself, Monday night we got about three inches of snow (go ahead and laugh yall up north). Probably a forth of the hub called in Monday night and last night. Tuesday dayside rolled another ton back onto us, we don't have enough people to process it. Yesterday the high was 16, last night was 5 degrees, so the roads are still messy and the hub is playing catchup with itself. I'm guessing you'll get late freight tomorrow too. On the upside, the low tonight is 12. So I don't think I'll need my coat.

 

[Operational needs]

Last Thursday night, Memphis got about a quarter inch of ice and about an in of snow on top of that. Driving on the ramp was hysterical. We had tugs pushing other tugs just to get freight to the gate. The ice made it take about twice as long to deice planes as just snow. Friday dayside rolled a ton back onto Saturday night side. Just as the hub was catching up to itself, Monday night we got about three inches of snow (go ahead and laugh yall up north). Probably a forth of the hub called in Monday night and last night. Tuesday dayside rolled another ton back onto us, we don't have enough people to process it. Yesterday the high was 16, last night was 5 degrees, so the roads are still messy and the hub is playing catchup with itself. I'm guessing you'll get late freight tomorrow too. On the upside, the low tonight is 12. So I don't think I'll need my coat.

Guess I was wrong. Thanks for answering me. Be careful out there.

 

[MemphisHubFedExer]

Guess I was wrong. Thanks for answering me. Be careful out there.

It's fine. The weather has caused the labor shortage. Management came up with the brilliant idea to start our night sort 2 hours early to get a head start on rollover. They forget they're asking partime workers who get 20 hours a week to drop everything, forget about their other jobs and head in early and stay late. So we had drivers, dg agents and even a few ramp agents unloading cans just to have empty cans for our outbound operation.

 

[MemphisHubFedExer]

Guess I was wrong. Thanks for answering me. Be careful out there.

But hey, Graceland is beautiful in snow