Company initiates fatigue management policy

[trotguy]

Hi everyone. So the company I work for has initiated this fatigue management policy which states that the following:

Anyone who works for 13 shifts consecutively must take a 24-hour day off UNPAID.

**This is assuming 13 days working 12 hour shifts. Also, some of us workers are salaried, and some arent. Also, we are working abroad, meaning we are not in our state in which we reside. We are on per diem meals and lodging. Whether we take a day off, sick day, or anything else our company still charges our client for the hotel, rental car, and food for that day. This is assuming the employee remains in the area, and has not suffered any limited work capacity preventing them working.

My question is this: Since this day off is company mandated under EHS fatigue policy, is it legal under FLSA for it to be UNPAID?

The logic here is that I can work and am willing to work. My company says take a day off. I have to stay in the area which I am 1500 miles away from home. It is not like I can go home. This day off from our perspective should be paid.

Respectfully,

 

[PayrollHRGuy]

There is no part of the FLSA that requires you be paid on days you don't work just because you are away from home. 150 or 1500 miles make no difference.

 

[Taxing Matters]

Also, we are working abroad, meaning we are not in our state in which we reside.

If you are working outside the United States then the federal Fair Labor Standards Act (FLSA) does not apply to your situation as the Act expressly states that it “shall not apply with respect to any employee whose services during the workweek are performed in a workplace within a foreign country”. FLSA § 213(f).

Note that even if the FLSA did apply, it would not require the employer to pay you for a day you do not work. That you are 1500 miles from home and cannot easily travel home for the day off doesn't make a difference.

 

[cbg]

Since this day off is company mandated under EHS fatigue policy, is it legal under FLSA for it to be UNPAID?

Yes. It is.

 

[trotguy]

Thank you all for the replies. To be specific, my work is still within the continental US. Should have used a different word than abroad. lol Out of state was the term I lapsed on.

It is just odd to me that if the company says "you must take a day off...period"...then I have no choice but to take an unpaid day off. I want to work. I simply dont understand why it is my fault that i am losing a day without pay when it is my company stating this. I mean I am considered a salaried non-exempt worker. I get that I would receive at a minimum my weekly wage because I am salary, however just because they put me on standby, I feel that I should be paid for the standby time.

Much obliged

 

[bcr229]

Do you still get per diem on your mandated days off?

 

[cbg]

I understand that you feel you should be paid; I understand the reasoning behind why you feel you should be paid.

However, regardless of your feelings or the reasoning thereof, under no US law are you entitled to be paid.

 

[PayrollHRGuy]

however just because they put me on standby, I feel that I should be paid for the standby time.

This may change things. How restricted are you when you are on standby? If they can call you in how quickly must you respond?