sleep time

[kristinaemtb]

We have "sleep time" on our 24 hour trucks.We dont get paid for our sleep time(11pm to 7am)UNLESS...we are out a "total" of 181 minutes.They say that we have a great deal of time in the night to ourselves.The way I see it is that pager can go off at ANY given time.We are at our job-not at home in our OWN beds.We can't just get up and go eat,or shop.I feel that we should get paid for being "at work".Heck,during the day we have some down time between calls(sometimes)but we are getting paid.What is the difference?Do any of you have "sleep time"?

[buckeyedoc]

We don't have built in sleep time. We get paid the full rate for 24 hours. There are shifts where we run the entire shift. Then again, last Saturday, we had 4 runs and got 9 hours of sleep. It's hit and miss. There is a dept in the area that you only get paid for 16 hours out of 24, unless you're on a run. I don't necessarily agree with that, but that's just my opinion.

kristina,

Please permit me to make an observation. Please space out your posts after the period. It looks like a big run on sentence.

[Katiebug]

That's a bunch of b.s. Is that even legal?

If I'm not getting paid, I'm going home. If they require you to be somewhere, you are on their time and should be paid. Period.

[kristinaemtb]

Katy,my thoughts exactly!!!

And yes it is legal,we all looked into it when the switched to this stupid pay scale.

[buckeyedoc]

That's a bunch of b.s. Is that even legal?

If I'm not getting paid, I'm going home. If they require you to be somewhere, you are on their time and should be paid. Period.

The dept. is recently affiliated with the IAFF and they are working a resolution into the agreement. I don't believe it is illegal, but it is wrong. I know of a couple of departments that pay for "on call" status when the crews are sleeping. It's like $2.00 an hour or something like that. The hours also don't count towards overtime. I know of a guy who went home (in the district) while he was on the "on call" status to get some additional uniforms and was fired for walking off the job. Oh, did I mention that the volunteers of the department were paid "on call" status while they were scheduled for their volunteer shifts. They were able to respond from their house for runs. That was the guys defense for going home to get uniforms. The reason for firing him was that he was not on the volunteer roster and therefore wasn't able to leave the station for personal errands while on duty. That is a bunch of crap. :protest: :protest::protest::protest:[/font:67c12a29af]

[JakeEMTP]

We get paid the entire 24 hrs were on shift. Then take 48 off. I like it this way. Besides, we're usually busier at night for some reason, so sleep is hard to come by most nights. I'm nocturnal too, so that helps. :glasses7:

[csr]

If you are required to be there then you should be getting paid. Simple as that.

[paramedicmike]

Care to explain what your research turned up that says this is legal? Care to explain why on earth you would switch to such a schedule knowing that you wouldn't be paid for certain periods of it.

I suggest you confer with the Department of Labor and a reputable labor attorney (yes, they do have those in WV). You may want to do this on the sly, however, lest the powers that be decide to fire you for rocking the boat.

-be safe.

[akflightmedic]

Unless you are in a collective bargaining group(union), what your employer is doing is ILLEGAL.

Yes, there are agencies that still break the law. A close friend of mine went through this same ordeal several years ago and he was awarded a huge backpayment for hours worked. This practice will continue until it is challenged.

Here is the link, look for yourself. I will also cut and paste some highlights...

http://www.dol.gov/elaws/esa/flsa/hoursworked/default.asp

Time which an employee is required to be at work or allowed to work for his or her employer is hours worked. A person hired to do nothing or to do nothing but wait for something to do or something to happen is still working. The Supreme Court has stated that employees subject to the FLSA must be paid for all the time spent in "physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer of his business."

I think this sums it up nicely. Your agency is still stuck in the 80's...

Your sleep time is probably not hours worked.

If you are able to get 5 or more hours of sleep, the sleep time is not considered hours worked. However, your employer can only deduct the actual number of hours spent sleeping, up to a maximum of 8 hours. For example, if you receive 6 hours of sleep, your employer can only deduct 6 hours for sleeping from the work period. This determination is made on the basis of what happens during each sleep period.

Your employer can deduct a maximum of 8 hours of sleeping time provided:

You are on duty for 24 hours or more;

You and your employer have an agreement to exclude from hours worked bona fide meal periods and a bona fide regularly scheduled sleeping period of not more than 8 hours;

You are provided with adequate sleeping facilities by your employer; and

You can usually get an uninterrupted night's sleep of 8 hours.

(This determination is made on the basis of what happens during each sleep period.)

Even though you may sleep more than 8 hours, a maximum of 8 hours can be deducted from the 24 hours you are required to be on duty. All interruptions of your sleep must be counted as hours worked.

If you and your employer do not have such an agreement all of the time (24 hours) is hours worked.

For more information, please contact your local Wage and Hour District Office.

Hope this helps you, but basically what they are doing is wrong...

One way to get this changed, without ruffling too many feathers is put together a presentation where you trend out several months of calls and hours worked for the department. You show them that they are consistently biting the bullet and paying for the whole shift anyways, so they might as well make it easier on the employees and the payroll department by putting everyone on pay around the clock. Show them that they are not saving any money doing it their way.

[kristinaemtb]

That is similat to what the labor board had told us.Your info will be very handy.Thank you!

What gets me is what if I am out for 168 minutes instead of their "181" minutes.I don't get paid for it!We don't get the full 24 hour pay unless all calls combined total 181.

I will definatly look into this again-further!!!Once again,thank you for everyones info!!!!!!