Majority Opinion The issue is whether the traveling time that miners take to get to the face of the mine counts as working time under the Fair Labor Standards Act. The State of Confusion should adopt the majority’s opinion and hold travel time as work time. This position held that because the workers were under employer supervision, physical exertion was involved because they are performing a service, and the worker is doing this work to benefit the employer travel time should count as worktime. Lunch time does not count as worktime because the employee is not supervised and it is for their benefit, by contrast travel time is worktime because there is supervision, it is not the employees own time, and it is for …show more content…
In Sunshine Mining Co. v. Carver (1941), the court affirms that during this time the employee is under the control, direction and supervision of the employer, so they should be getting paid for it. The employee voluntarily offers themselves to the employer at a specific time. The employer decides the place of work and the distance to get to this destination may be short or long. Therefore, such travel time between the portal and the place of work should be considered worktime. Another argument is that the employers are active during the travel time. In Tennessee Coal, Iron & R. Co. v. Muscoda Local No. 123, 135 F.2d 320 (1943), the court held that the employers “exacted mental and physical exertion from the employees under conditions both hazardous and unhealthy” during the travelling time. Since the workers are performing services for the employer, the employer should pay the worker for their time. Next, the court believes that the employees were on their work time because work begins when the employee reaches the entrance to their workplace. As said by the Supreme Court in Bountiful Brick Company et al. v. Giles, 276 U.S. 154 (1402) “as a general rule, employment may be said to begin when the employee reaches the entrance of the employer 's premises where the work is to be
Once returning from the workshop, she confronted Michelle that Frostburg Fit might be in violation of The Fair Labor Standards Act. The Fair Labor Standard Act (FLSA) is intended to protect workers against certain unfair pay practices or work regulations. The FLSA is one of the most important laws for employers to understand since it sets out a wide array of regulations for dealing with employees. Under the FLSA, it established minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in federal, state, and local governments. It also introduced the 40-hour work week, as well as overtime pay. Employees whose jobs are governed by the FLSA are either "exempt" or "nonexempt." Nonexempt employees are entitled to overtime pay. Exempt employees are not. Laura brought to Michelle’s attention that nonexempt employees, including herself, have been working over 40 hours. Due to the turnover, Frostburg Fit has been understaffed. Employees are not keeping track of the work done outside the facility. Thus, unpaid overtime hours could lead to claims. Frostburg Fit needs to determine areas in need of headcount. Once determined, those positions must be filled in a timely manner to decrease employees working outside their normal work hours. In case employees do need additional time, they must seek approval. Frostburg Fit will need to draft an
...lley, W. H., Jennings, K. M., Wolters, R. S., & Mathis, R. L. (2012). Employment & Labor Relations. Mason, OH: Cengage Learning.
Human Resources (HR) is responsible for monitoring employee job classifications. The framework of the job description and job analysis ensures a company is compliant and compensates employees fairly. Companies have two options for determining how to categorize their workers, based on the Fair Standards Labor Act (FSLA); employers must recognize an employee job classification as an exempt employee or non-exempt employee. The guidelines suggest the nature of the work performed by the employee determines which classification a company selects. Certain job classifications warrant an employee to receive overtime pay, if a worker works over forty hours during a workweek, which would require the employer to compensate the worker at a higher rate. This process has had conflicts and legal litigation since its inception. There have been numerous complaints filed by employees who feel their jobs are incorrectly classified, and they should be eligible to receive overtime pay. The case below is an example of a legal action filed against employers. These cases are increasing across the country as employer look for ways to augment their payrolls and main production cost.
Susan Kellar contends that she is entitled to overtime under the Fair Labor Standards Act for work performed prior to the official start of her work shift. The district court granted summary judgment in favor of her employer, Summit Seating, because it found that Kellar's pre-shift activities were “preliminary,” that any work Kellar performed before her shift was “de minimis,” and that Summit did not know that Kellar was engaging in pre-shift work. While we disagree with the district court's conclusions regarding the “preliminary”
When workers work overtime, they display a high degree of commitment to the task at hand and are thus usually compensated for the extra hours they put in. However, this is only possible when there is mutual respect between the employees and employers. An employer who is negligent of the effort a worker puts in his/her work creates job dissatisfaction and distance in the workplace. Beth Shulman in her work The Betrayal of Work, introduces the pharmacy technical assistant, Judy Smithfield. Her job requires accuracy and scrutiny, which is often very time consuming. Without sufficient help, she finds herself working six days a week. Logically, considering the difficulty of her task, reasonable compensation, respect and appreciation should follow. However, her customers are ignorant and can be angry and impatient despite the effort she makes. How can one be satisfied working in such conditions? Commitment means nothing to her employers. Thus she is not a source of profit for the upper classes; her duties are simply essential but don’t deserve monetary merit in their
Question Presented: Under Californian workers’ compensation law can a worker receive workers’ compensation and when the injury was self-inflicted, and when their participation in the activity was voluntary, and when the activity took place after the work day and when the worker did not want to say no to their supervisor and when they were anxious to get on their boss’s good side and while during the activity business was discussed and when the company built the court for a director of sales, and when the director believed that inviting employees to play was a great way to get to know their employees, to increase morale and camaraderie at the company but when at the activity the employee’s injury was self-inflicted, and when their participation of in the activity was voluntary, and when the activity took place after the work day.
National Labor Relations Board v. Jones & Laughlin Steel Corp. 301 U.S. 1; 57 S. Ct. 615; 81 L. Ed. 893; 1937 U.S.
The manager at that McDonald’s restaurant, the defendant, knew Matt had to drive a long way to and from work. Even though this information was known, the manager gave an opportunity to Matt to work a cleaning shift between his regular shifts. My thoughts are that the manager should not have given the opportunity to Matt on the first place as the manager knew Matt was already working from 3:30 pm to 7:30 pm on April 4th, 1988 and 5:00 am to 8:21 am on April 5th, 1988 and had to drive 20 minutes to and from work. Adding a cleanup shift from 12:00 am to 5:00 am on April 5th, 1988 made Matt’s working hours excessively long. By the end of his shift, it is obvious that Matt is over worked and not in a condition to drive back. This lack of judgement from the manager eventually lead to the accident and death of Matt, and massive injury to Frederick M. Faverty, the plaintiff. Due to this lack of judgement, I think the verdict against McDonald’s to pay $400,000.00 to the plaintiff is
The Economics of Paid and Unpaid Leave. Issue Brief. Northwest, Washington DC: The Council of Economic Advisers, 2014.
The employment agency even has offices in the Shirebrook Headquarters; they manage the workers from day to day, including hiring and firing. As workers are employed under zero hour contracts, they are seen under law as a worker, not a temporary employee and so is assumed that the worker receives regular work and income. This means that they do not receive the same privileges, most importantly, they are not protected from unfair dismissal and don’t have to be given any notice. In the case of Sports Direct, more than 14,500 of their workers (over three quarters of their workforce) have no option but to live on zero hour contracts. One of these workers said “You work under the impression that you could lose your job from day to day” (Dispatches, 2015: 49:24mins). This is a problem because it leaves many employees working under a constant lack of job security and can be highly demotivating; why put maximum effort into working for a firm that could fire you
Also, some might need to be available 24 hours in case of emergency if they work for a facility that is open 24 hours a day.
Trends in time off with pay can vary from public (i.e. not for profit) and private (i.e. for profit) sector organizations. Usually public sector employees are governed by benefits that separate vacation, sick, personal days, jury duty, funeral leave etcetera. Private sector employers primarily utilize Paid Time Off (PTO) that lump all of the instances of needing time off in a time bank that each employee is responsible for maintaining. Time off with pay is a topic that is regularly evaluated throughout organizations today. In this paper I will be discussing the paid time off benefits that are offered to public employees.
The story starts off with the Time Traveler discussing time travel and the different dimensions. He also shows them a smaller model of the Time Machine. He uses the smaller version and it disappears. The men discuss whether it went forward or backward in time. The narrator is skeptical at first, he says the Time Traveler is “too clever to be believed.” The Time Traveler has another meeting and even more men show up for it. The Time Traveler comes in wearing bloodstained socks and dusty clothes. He starts eating and then tells the men a story about his experience.
There is nothing quite like traveling, going someplace new and finding out more about the world and yourself. Anyone can become a traveler it just takes a little bit of faith and courage. Traveling across the world or even across the country is a learning experience. When you are a traveler you see how people live and how different cultures work. It is the best educational experience you could give yourself. You see how the world works in a way no one can teach you. Seeing different cultures and people help build the person you want to be. If you are a traveler the world influences you, because when traveling, you see the good and the bad, and you learn from the right and the wrong. I am very lucky that I am able to be a traveler and see this
One of Grey’s objections to time travelling is the concept of no destination, which is based mostly on the belief of presentism and the rejection on the concept of past and future. His argument is that time travelling is only possible when the traveler travels to a past or future destination, and the destination has to exist. The past and the future don’t exist according to presentism, which is also called “Heraclitean” conception of time by Grey. No one can travel to somewhere that doesn’t exist. Therefore, time travel is not possible. He also made a second argument to strengthen his reason for travelling to the past. If travelling to the past were possible, the traveler could change the past. The past is fixed and unchangeable; therefore, travelling to the past is not possible. However, his arguments for time travel are based on the principles of presentism, leaving a lot of room for rejections and challenges for the premises, which means Time travel is possible.