Why Do You Think Roy Doitall Should Constitute A Day's Work
Roy Doitall is a key plumber working for Top-Notch Mechanical. He began his work on duty and on time at 7:00am and took a lunch break at 1:30pm. He was called to be on an emergency job until 7:00pm and then returned home with the company vehicle. He claimed on his timesheet that his overtime began when he left the first job and ended after arriving home after the emergency job. Top-Notch Mechanical believes overtime starts at the end of his 8 hour work day and ends when he was off duty at 7:00pm.
This issue relates to LMA Article IV – Hours of Labor, section 1, 2, and 3.
A. We think the overtime begins at 3:30pm because that is when he reached his 8 hours of work day. According to L32 Labor/Management Agreement Article IV section 1: the
7:00a.m to 3:30 p.m. shall constitute a day’s work. Therefore, Roy’s overtime begins after 3:30pm. …show more content…
We think that the overtime ends at 7:00pm when the emergency job ends and is leaving for home. He was off duty at 7:00pm when the emergency job ended. He was not on- duty when driving the company vehicle, therefore, the time driving from job to his home isn’t considered as overtime.
C. Because Roy is allowed to commute in a company pick-up to home; the definition of
“Hours worked” needs to be restated by the employer. According to Department of
Labors and Industry, “Hours worked,” means all hours during which the employee is authorized or required, known or reasonably believed by the employer to be on duty on the employer's premises or at a prescribed work place, and an employer may not avoid or negate payment of regular or overtime wages by issuing a rule or policy that such time will not be paid or must be approved in advance. If the work is performed, it must be paid. Thus, in this case, the employer of Top-Notch Mechanical must prove that the time used by Roy to go home is not considered as “hours
This issue relates to LMA Article IV – Hours of Labor, section 1, 2, and 3.
A. We think the overtime begins at 3:30pm because that is when he reached his 8 hours of work day. According to L32 Labor/Management Agreement Article IV section 1: the
7:00a.m to 3:30 p.m. shall constitute a day’s work. Therefore, Roy’s overtime begins after 3:30pm. …show more content…
We think that the overtime ends at 7:00pm when the emergency job ends and is leaving for home. He was off duty at 7:00pm when the emergency job ended. He was not on- duty when driving the company vehicle, therefore, the time driving from job to his home isn’t considered as overtime.
C. Because Roy is allowed to commute in a company pick-up to home; the definition of
“Hours worked” needs to be restated by the employer. According to Department of
Labors and Industry, “Hours worked,” means all hours during which the employee is authorized or required, known or reasonably believed by the employer to be on duty on the employer's premises or at a prescribed work place, and an employer may not avoid or negate payment of regular or overtime wages by issuing a rule or policy that such time will not be paid or must be approved in advance. If the work is performed, it must be paid. Thus, in this case, the employer of Top-Notch Mechanical must prove that the time used by Roy to go home is not considered as “hours