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  1. #21
    Join Date
    Oct 2016
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    Default Re: Company Not Paying Until Other Employees Arrive

    Quote Quoting Mark47n
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    Which is why it should be taken to the union as a first step of sorting this out.

    And doing that was in the first response (2nd post) in the thread, by me. But by punishing the OP it takes it to an FLSA issue if the union does nothing.

  2. #22
    Join Date
    Jan 2006
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    38,864

    Default Re: Company Not Paying Until Other Employees Arrive

    Quote Quoting budwad
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    Not at all. It is you that miss what the laws of Oregon say.



    So you are saying that OP has to wait after clocking in for his partner to arrive and that the time he waits (10, 15, 30 minutes or perhaps an hour) is time that OP can use for his own purposes? What purposes do you think that may be? Maybe trimming his toe nails?



    By OP's post, he is not off duty or on-call time. He is doing work to get ready to work.

    Not exactly on point but the Oregon Supreme Court has parsed the Rule 839-020-0041 I quoted.



    https://scholar.google.com/scholar_c...en&as_sdt=4,38

    And there is this in the Federal Courts:



    https://scholar.google.com/scholar_c...en&as_sdt=3,31

    Think about what you are saying. Your company wants you to report at 7:00 AM but you won't get paid until your partner reports. You then have two employers determining what you get paid. Employer 1 is the company you work for and employer 2 is your partner. No court would say that is legal.
    But he can use the time for any purpose he desires. The boss even said he can just call it a day and go home. The employer is not obligating the op to do anything regarding waiting for work. Engaged to wait is akin to being on the job but waiting for work to be assigned. The ops situation is near that at all.

  3. #23
    Join Date
    Oct 2006
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    15,851

    Default Re: Company Not Paying Until Other Employees Arrive

    Quote Quoting jk
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    But he can use the time for any purpose he desires. The boss even said he can just call it a day and go home. The employer is not obligating the op to do anything regarding waiting for work. Engaged to wait is akin to being on the job but waiting for work to be assigned. The ops situation is near that at all.
    The employee showed up on time. Started working (prepping the truck) and then was told that we would not be paid until his late coworker showed up. The employer is in the wrong here.

  4. #24
    Join Date
    Nov 2015
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    Default Re: Company Not Paying Until Other Employees Arrive

    Quote Quoting PayrolGuy
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    And doing that was in the first response (2nd post) in the thread, by me. But by punishing the OP it takes it to an FLSA issue if the union does nothing.
    And I agree. It's a very real problem but the best chance to get quick action is to start by grieving it. It'll likely have faster action that waiting on the regulating agency, doesn't circumvent the help already available to you that you're entitled to and paying for. If the OP isn't satisfied then they can move to the regulating agency, either state or federal.
    "Where do those stairs go?"
    "They go up!"

  5. #25
    Join Date
    Mar 2019
    Posts
    5

    Default Re: Company Not Paying Until Other Employees Arrive

    I went to my union before posting this. They couldn't do anything because there was nothing in the contract about it. I was told it may be a legal issue rather than a union issue. The only thing our union contract says is that we get 2 hours show up time if we don't work because of something under the employers control.

  6. #26
    Join Date
    Oct 2006
    Posts
    15,851

    Default Re: Company Not Paying Until Other Employees Arrive

    Quote Quoting Weiner69
    View Post
    I went to my union before posting this. They couldn't do anything because there was nothing in the contract about it. I was told it may be a legal issue rather than a union issue. The only thing our union contract says is that we get 2 hours show up time if we don't work because of something under the employers control.
    I think that the union is copping out a bit on that one. However, you can take it to the Department of Labor. How often does this happen?

  7. #27
    Join Date
    Oct 2016
    Posts
    3,427

    Default Re: Company Not Paying Until Other Employees Arrive

    Quote Quoting Weiner69
    View Post
    I went to my union before posting this. They couldn't do anything because there was nothing in the contract about it. I was told it may be a legal issue rather than a union issue. The only thing our union contract says is that we get 2 hours show up time if we don't work because of something under the employers control.
    https://www.oregon.gov/boli/WHD/Pages/W_Whhowinf.aspx

    or

    https://www.dol.gov/agencies/whd/contact/complaints

    The second is the Federal Dept. of Labor. I know there is federal law on the issue. I'm not 100% sure on the state.

  8. #28
    Join Date
    Mar 2019
    Posts
    5

    Default Re: Company Not Paying Until Other Employees Arrive

    Quote Quoting llworking
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    I think that the union is copping out a bit on that one. However, you can take it to the Department of Labor. How often does this happen?
    It seems to be the new way. It started a couple months ago. There was a major crash that closed a main highway and tons of people were late. I'd guess it affected about ten crews. Every since then that seems to be policy.

  9. #29
    Join Date
    Oct 2016
    Posts
    3,427

    Default Re: Company Not Paying Until Other Employees Arrive

    Quote Quoting Weiner69
    View Post
    It seems to be the new way. It started a couple months ago. There was a major crash that closed a main highway and tons of people were late. I'd guess it affected about ten crews. Every since then that seems to be policy.
    That doesn't make the policy legal.

  10. #30
    Join Date
    Nov 2013
    Posts
    6,601

    Default Re: Company Not Paying Until Other Employees Arrive

    Quote Quoting jk
    View Post
    But he can use the time for any purpose he desires. The boss even said he can just call it a day and go home. The employer is not obligating the op to do anything regarding waiting for work. Engaged to wait is akin to being on the job but waiting for work to be assigned. The ops situation is near that at all.
    The Federal Court said that he has to be advised in advanced or the situation. How does the employer advise the employee in advance when his partner will show up?

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