Scheduled Shift vs. "Workday"

[shadowcop]

What is the name of your state?What is the name of your state?What is the name of your state? Arizona

I believe my employer is in violation of Federal Labor Law. 29 CFR 553.221 (Compensable Hours of Work). I need to know wiether time spent clearing metal detectors, security checks on my personal lunch bag and service equipment, ID verifcation and the time spent to walk from the entry point of my work unit to the staff breifing room, which is on a prison yard, is considered a post shift activity. If so, isn't this time compensable as stated in the Federal and State Labor Law.

My Boss has stated we are only paid for our schedualed eight hour shift, unless preapproved or under an emergancy situation, any other time spent at work is not compensated.

Example: If I am working a guard tower at the back of my prison unit and I am releived of my duties by the on-comming shift at 2:00 p.m. then I am not paid for the time it takes me to report to my shift supervisor for any debriefing or turn in paperwork because my shift begins at 6:00 a.m. and ends at 2:00 p.m. To report to my supervisor from this post I must pass through an electronically controlled gate, have an officer verify my ID, clear the metal detector, pass through another electonically controlled gate, use my key or have another officer open and secure two more manually locked gates, cross the prison yard (yes, I have to walk among inmates) for about a hundred and fifty yards to arrive at my supervisors office where I turn-in my daily paperwork. Once this is done (taking about15 to 20 minutes) I still must exit the unit. Three more gates await me as well as another security check.

When officers asked my boss (Compex Warden) about this dicrepency in time he stated that it didn't matter how long it took to leave the unit, our duty day ends when we are relieved from our post and if that is before or at 2:00 p.m. the shift was over and we were on our own time. Granted still secure on prison grounds, among inmates but not being paid.

That doesn't sound right to me. Is there any action I can take? Is my boss and/or the department of corrections in violation of labor standards, laws, regulations?

 

[shadowcop]

Need Help! When does "work" begin and end??

My previous post may have been too broad for a single answer. So I'll try to keep it short this this time. I really need feedback from someone other than the people I work with so any comments would be appreciated.

Fellow employees and myself believe we should be paid for all time spent at our place of employment. This place of work is a medium custody level prison, where inmates that are found guilty of different crimes are housed. These crimes range from thieft, drug dealing, assault and even murder. Being a medium custody prison these inmates are not always kept locked up and have many freedoms on the "yard". From the time we enter the facility to when we exit, we have contact with these prisoners. (They aren't in a cell like you see in the movies)

We often have to deal with inmates "off the clock" and are required to maintain the security of the unit at all times. It's not too much to ask but shouldn't we be paid for the any amount of time spent doing this, even if it's before or after our scheduled shift.

Please let me know if there is anything legal that can be done? And any comments are welcome. Thanks.

 

[cbg]

You are entitled to be paid for all time WORKED, not all the time you are on the premises. Time dealing with inmates may be considered time worked depending on the exact circumstances. Time spent clearing the metal detectors, going through security, etc. is NOT time worked.

 

[shadowcop]

Thank you for your reply. I was a reading under the Federal Regulation where it states "...time includes all pre-shift and post-shift activity which are an integral part of the employee's pricipal activity or which are close related to the principal activity..." I'm not sure if your reply adresses this. Also, I was still wondering about the time spent after being relieved when we report from our duty post to the Sgt.'s office to turn in paper work, key and radios. Are we still "on the clock". Is it left completely up to the employer to decide what is considered work time.

Again thanks for your reply.

 

[cbg]

If you are looking for someone to specify, "they must pay you for time doing x, y, and z but they do not need to pay you for time doing a, b, and c", that's not going to happen. I am well aware of what Federal regulations say; what I don't know is the details of what is considered integral to your position. There is NO WAY anyone here can give you that detailed an answer.

If you are that convinced that your employer is violating wage and hour laws, file a complaint.

 

[shadowcop]

Thanks again. Any and all advice is helpful.