Labour Law Question

I'm in the state of MA, full time career and paid hourly.

Company wide, we all had to do a system update. I told my leader I would start the update right as I went on my lunch (50 minutes unpaid) so it would be updating while idle and therefore minimize/eliminate loss of production of myself, which was fine.

I returned and it was still updating, and unavailable for my usual task for another 20 minutes.

I sent my leader an email immediately upon completion (as we need to account for non-production time outside of break/lunch) and explained the above. I got a reply today asking if I am going to make up the 20 minutes or use personal time.

Maybe I'm wrong, but how is this legal to force me to work extra for their forced system updates or make me use my PTO?

 

Doesn't sound right too me.... why would you have to make up time for their short fall.
A lack of planning on their part, does not count on extra work from me.

 

Agree, but right and legal are not always the same thing

 

I would be warming up my resume, sounds like a terrible place to work. No way should that be your time to make up.

 

A different situation (power outage), but it looks like if the system is down and you're still at work they have to pay you. If they send you home, then they don't.

"Some employers require their employees to stay at work and wait for the power to return. Many of these employees may not be able to perform any of their work duties because their jobs are fully dependent upon electricity. Nevertheless, even though these employees are not performing any work, they are under the employer’s control, and employers must pay non-exempt employees for the time they spend waiting for the power to return. As the U.S. Supreme Court noted in a decision, “an employer, if he chooses, may hire a man to do nothing or to do nothing but wait for something to happen.” An option available to employers is that if the power outage occurs some time close to the beginning of a meal period, employees can take their unpaid meal periods and return to work. Upon returning from their meal periods, if the power is still out, the employer can decide whether to send the employees home or have them stay a while longer."

https://fentonkeller.com/fk-articles/about-paying-wages-during-power-outages/

As a side note, I would look for a better employer who doesn't try to shaft you over 20 minutes.

 

I feel your pain. Your boss is an ass. Explain again in writing, that the update of company equipment is work and the time it takes is work, thus does not require any makeup. However, I’m a known loose cannon. Cavit Emptor.

 

I'm confused. A system update takes 70 minutes, when are you supposed to do the update? What are the other employees doing?

Bottom line sounds like you work in a sweatshop and have an idiot for a boss. It's going to take him a lot longer than 20 minutes to replace you. System updates are a fact of life. If you can't be down for 70 minutes then the IT department should be working after business hours to do the update.

In todays working world employees are hard to find. Some place better will be glad to have you.

 

I know that all my future updates would be done while on the clock and not during my lunch period.

 

Nope, can't ask or force you to work uncompensated. Tell boss to go pound sand.

 

I'd file a complaint with the appropriate state agency. Keep written records in case you need them in the future, courts are required to believe written records over oral recollections. My usual disclaimer: I am not a lawyer and cannot give legal advice. I'm only trying to be helpful.

 

I identify as that man right there.

 

I didnt read anyone's comments, but this is one of the major reasons i went to work for myself. Your boss is a pole smoking asshole. What a dick.

 

Is 20 minutes really worth your job? You mentioned it is a career job so it must be something you’re content with or enjoy. Make up the 20 minutes and get it back some other time.

 

In some organizations career simply means the person is past the probation period. Personally if I found myself in a job where the boss was bugging me about taking 20 minutes PTO for a mandatory update, I'd be questioning my life choices.

A Pro Life Tip: changing jobs is the fastest way to increase your pay. At one of my gigs we hired one IT tech and then 6 months later we hired 2 more. Between hiring the first tech and the others, HR revamped the pay scales. Turned out the newbies were making more than the first tech and she was the one training them to do the job. I went to HR on her behalf because we weren't supposed to talk about salaries and she didn't know she was making less money. HR wasn't interested in fixing the problem nor was my boss the CIO. She could have gone elsewhere and made more money. It took a lot of work on my part to get that fixed, but that is a good bosses job.

 

tit for tta

micro managing

blame / fault

bottom line draconian

20 minutes isnt worth the aggravation of ruffled feathers..................retribution

or any other negatives

 

If there is a next time, start the update directly before you clock out @ the end of your shift....

 

A lot of companies are looking for employees. I'd find a better job.

 

A little late replying (had some family stuff going on), much appreciated for all the thoughts.

I had cc'd my supervisor on the same email I mentioned. I reached out to my leader and she was busy and asked me to run it by the supe..and mentioned she was sorry she couldn't talk but was having a rough time (caring for her mom). I talked to the supe and repeated the same story I sent the 2 of them, and stressed that I did everything within my power to do the required update in the 50 minutes I was on lunch and therefore eliminate (ideally) or at least minimize downtime. Supe said OK that makes sense and you don't have to make the time up.

Not really sure how my leader didn't get that out of the original email as I was very clear, though if she was a little stressed I suppose it happens. "Managers are people too" is something I try to always remember.

In full disclosure, I have a decent relationship overall with my leader. I have professional differences of thought with her approach; specifically she seems disinterested in helping to develop and further my career, and in general seems to go along to get along when dealing with other members of leadership. I've long ago talked to a former leader who is no longer there and she's told me that my leader is definitely not one to make waves, rathers to just put her head in the sand. I've been in that area for 13 years and under her for the past 5..and recently had several of my colleagues in the area suggest I'm being held back by her because of my overall knowledge and ability to help others with things.

I've been in the company for 21 years now..DM if you want to know more particulars. The benefits are decent, and I do have a pension on top of my 401K which is one reason I've stayed for so long. The past few years, top brass has whittled away some of the perks..such as stating last year they would not be putting money into the pensions for us any longer, a big reason some longtimers like me stayed around. I can collect it starting at age 55 (8 more years). Not getting raises last year sucks during a pandemic or not, especially when it seems we hear a lot about tens of millions of dollars having been donated to various charities. The insurance is very good to the point it would be damn near impossible to replace elsewhere to be honest.

This might just be the nudge to at least look at what else is out there..even if it turns out overall there's nothing better out there I'll know that. The flagrant nepotism there pretty much insures I'll never get a promotion as well.

 

To touch on some things raised..

That's just it, I can't imagine it was just me that had that downtime. I'd be curious how many others tried to be proactive in immediately informing leadership about the extra time and what they were told.

There are those who will try to find ways like this to be lazy and the annoying part is they probably got away with it.

Yup, 21 years there. Wasn't always like this in general nor under this particular manager.

I had a similar thing to your example at a supermarket job I had in college, my pay went up to the new starting rate which was fine..until the next week someone with no experience was hired for the same wage. I was told to train them and refused, saying if I'm good enough to be able to train someone I should make more per hours than they.

Couldn't agree more with your last sentence. Long ago in this company I had a manager like that. Salty old lady, but played no favorites and took nobody's guff..and she would regularly meet with each employee to plan their path if they chose to.

Oh yeah, a few years ago my area all got monitoring software. If I'm idle for 3 minutes it knows. No I'm not kidding. Sadly, a handful of 100 people abused the freedom. But instead of dealing with the handful, they find a way to punish everyone.

Thought about that. Only problem is I have to log in after the update so I'd definitely be off work time.