Skip to main content

View Diary: This week in the War on Workers: Huge Amazon wage theft case goes to Supreme Court (51 comments)

Comment Preferences

  •  probably "ready to work" . . . (3+ / 0-)
    Recommended by:
    OpherGopher, OrganicChemist, VClib

    at least coming in.  And they can argue you're not "ready to work" until you've passed a security scan, just like you're not "ready to board" at the airport.  Weak, but at least it's an argument.  Comes down to "which side of the time clock" . . .

    The exit scan is clearly an anti-theft measure, and likely to be found a "reasonable condition of employment", no more onerous than the (unpaid) walk to the parking lot.  That will come down to "unreasonable delay" . . . and documenting how much, if any, there is/was.  

    10-15 minutes is absurdly too much in either case, while 30 seconds out of your way to walk through a scanner probably is not.

    The issues around shift change have always been there in a "production" environment . . . does "work" begin when you enter or leave the building, or when you relieve the last shift at the work station.  Different circumstances can lead to different answers . . . or at least different "accommodations".  A classic example is "work uniform" . . . should the employee be "in uniform" before punching the time clock, or can he/she present in civvies and change on "company time".  If "in uniform" is your Mickey Mouse costume there's one answer, if it's your "UPS browns" there's another . . .

    Fake Left, Drive Right . . . not my idea of a Democrat . . .

    by Deward Hastings on Sat Mar 15, 2014 at 12:14:23 PM PDT

    [ Parent ]

    •  here's the deciding factor . . . . (6+ / 0-)

      Have an employee say "I don't want to go through the security check."

      Can the boss tell him "No, you HAVE to?" Then he's under the boss's control and direction, and he has to be paid.  Period. The Boss can't tell you what to do on your own time--he can only tell you what to do on HIS time.

      "Ready to work" is not a legal factor. Case law is clear--the deciding factor is whether the boss can tell you what to do. If the Boss can tell you "You MUST go through the security check", then you are under his control and direction. And that ends the matter.

      I see no way for Amazon to win this.

      In the end, reality always wins.

      by Lenny Flank on Sat Mar 15, 2014 at 12:21:32 PM PDT

      [ Parent ]

      •  not so . . . (0+ / 0-)

        The "Boss" can also tell you that you can't park your pickup in front of the loading dock . . . that doesn't mean you're "on HIS time" when you do, just as you can't insist on getting paid for the walk from the street.  There is also plenty of "condition of employment" case law and the argument that such "conditions" are already compensated in the contracted wage.  It wouldn't surprise me if the incoming (safety) scan and the outgoing (anti-theft) scan get treated differently, and that neither case gets the simple answer you expect.

        But in the long run it doesn't matter anyway.  If you want Amazon to pay an extra half hour of "getting ready for work" time they'll just lower the hourly rate for "productive work" time to compensate . . . and both actual work time and take home pay will remain the same.

        Fake Left, Drive Right . . . not my idea of a Democrat . . .

        by Deward Hastings on Sun Mar 16, 2014 at 08:21:42 AM PDT

        [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site