What is the name of your state?Concerning bona fide meal periods, the FLSA mentions "The employee is not relieved if he is required to perform any duties, whether active or inactive, while eating." I am required to maintain the security of an industrial radiation source (it is locked in the back of my assigned truck just outside of my office trailer) and monitor a 2-way radio while I eat. Is this considered an inactive duty? If not, what is an inactive duty? Should I be paid for through the lunch break?
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bona fide meal period
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cbg
I'm a Northern Girl
I would think probably so, yes, but you might want to run it past the DOL.
I know you didn't ask this but just for clarification's sake; the FLSA does not require that you be given a lunch break. (Your state may, but since you ignored the request/requirement that you post your state no one can say.) They only require that IF lunch breaks are offered, if the employee is not entirely relieved of duty they must be paid and if the employee is entirely relieved of duty, they need not be paid.
I know you didn't ask this but just for clarification's sake; the FLSA does not require that you be given a lunch break. (Your state may, but since you ignored the request/requirement that you post your state no one can say.) They only require that IF lunch breaks are offered, if the employee is not entirely relieved of duty they must be paid and if the employee is entirely relieved of duty, they need not be paid.
cbg
I'm a Northern Girl
Just as a followup, Texas law does not require that you be given a lunch break either.
The issue here is going to revolve around whether or not "monitoring" the radio constitutes not being relieved of duty. If a call comes in that you have to take, there's no question that you would have to be paid but if the radio is silent (with regards to anything you might have to do) that's a bit of a grey area. Again, I would think you would need to be paid for it but only the DOL can say for certain.
The issue here is going to revolve around whether or not "monitoring" the radio constitutes not being relieved of duty. If a call comes in that you have to take, there's no question that you would have to be paid but if the radio is silent (with regards to anything you might have to do) that's a bit of a grey area. Again, I would think you would need to be paid for it but only the DOL can say for certain.
The issue I am more concerned with is having to maintain security of the radiation source.
A little background:
I am an industrial radiographer. I work at an oil refinery as an employee of an inspection contractor. The radiation source is locked in a mobile darkroom on the back of my truck. The oil refinery requires that any parked vehicle must have its keys left in the ignition (so it can be moved in the event of an emergency). The oil refinery also has a radiation safety document that states "no radiation source can be left unattended or in an unattended unlocked vehicle." State regulations also require that the radiation source be secured in my vehicle to prevent tampering, theft, etc. (Our radiation sources are the materials most desired by terrorists to make "dirty bombs".) Anyone could drive the radiation source away if I am not within viewing distance of the unlocked truck with keys in the ignition. By the way, the Refinery Super's truck was stolen from the refinery a few months ago.
I have never been denied time to eat. There are many days when there is no work ready for us and we could eat lunch all day if we desired. My supervisor at the refinery doesn't expect us to stay within viewing distance of our trucks at all times. After all, we do have to use the restroom, go to safety meetings, etc. But, we are still responsible for our radiation sources and could face state punishment if we allow them to be stolen or tampered with. The fact is that the refinery requires us to leave the keys in the truck which forces us to always keep an eye out --even during our "lunch break". Does anyone believe I am ever relieved of this duty? Would a lone, night security guard at a bank get paid to eat while he watches the vault? He is not doing any work, but he is responsible for watching the money. A thief could just wait until he takes his lunch break to pull the job.
The DOL returned my call yesterday, but the rep. just read the same info I got from the DOL website. She told me to come file a claim. I want to give my employer the opportunity to correct the alleged problem first, but would like to be crystal clear that I am in the right before I confront them.
A little background:
I am an industrial radiographer. I work at an oil refinery as an employee of an inspection contractor. The radiation source is locked in a mobile darkroom on the back of my truck. The oil refinery requires that any parked vehicle must have its keys left in the ignition (so it can be moved in the event of an emergency). The oil refinery also has a radiation safety document that states "no radiation source can be left unattended or in an unattended unlocked vehicle." State regulations also require that the radiation source be secured in my vehicle to prevent tampering, theft, etc. (Our radiation sources are the materials most desired by terrorists to make "dirty bombs".) Anyone could drive the radiation source away if I am not within viewing distance of the unlocked truck with keys in the ignition. By the way, the Refinery Super's truck was stolen from the refinery a few months ago.
I have never been denied time to eat. There are many days when there is no work ready for us and we could eat lunch all day if we desired. My supervisor at the refinery doesn't expect us to stay within viewing distance of our trucks at all times. After all, we do have to use the restroom, go to safety meetings, etc. But, we are still responsible for our radiation sources and could face state punishment if we allow them to be stolen or tampered with. The fact is that the refinery requires us to leave the keys in the truck which forces us to always keep an eye out --even during our "lunch break". Does anyone believe I am ever relieved of this duty? Would a lone, night security guard at a bank get paid to eat while he watches the vault? He is not doing any work, but he is responsible for watching the money. A thief could just wait until he takes his lunch break to pull the job.
The DOL returned my call yesterday, but the rep. just read the same info I got from the DOL website. She told me to come file a claim. I want to give my employer the opportunity to correct the alleged problem first, but would like to be crystal clear that I am in the right before I confront them.
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