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Author
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Topic: Work Question
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JayC
Member
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posted August 09, 2012 01:32 PM
      
I have another ‘work’ related question. I am a ‘salary’ employee in California. I travel extensively nationally and internationally. When my flight arrives at say, 10 or 11 p.m. back home to SFO and I don’t get home until 1:00 a.m., perhaps go to bed by 1:30 or 2:00 a.m. what is the law or my rights as to when I have to come to the office the next day? We typically begin our day at 7:00 a.m. on the dot, unless there’s a special case (appointment, sick, etc). So, as a salaried employee am I only afforded 5 hours sleep and have to come in the next day at 7 regardless? Is there any kind of law that states individuals are guaranteed a minimum number of hours sleep or something? I mean, do I have to come in at 7 on 4 or 5 hours sleep or do I have the right to say when I’m coming in or the right to be comped enough time to sleep? Appreciate any help that can be provided by those who know more on this.
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airwalk
Member
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posted August 09, 2012 01:39 PM
 
Never heard any such law about needing X hours of sleep. If you're not in a Union you pretty much do what your employer tells you to do. I forget exactly what it is in our collective agreement but we bargained for something like after 24 hours straight the employee MUST be granted 7 hours rest.
[Edited 1 times, lastly by airwalk on August 09, 2012]
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JayC
Member
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posted August 09, 2012 01:41 PM
quote:
Originally posted by airwalk:
Never heard any such law about needing X hours of sleep. If you're not in a Union you pretty much do what your employer tells you to do.
I don't know how that's really possibly legal though... I mean, in some cases I'm not even in bed until 4 a.m. after a 24 hour day of travel (straight) - how can I be expected to perform like that?
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psrex
Member
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posted August 09, 2012 01:43 PM
This seems more like a question for your boss or HR.
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JayC
Member
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posted August 09, 2012 01:44 PM
quote:
Originally posted by psrex:
This seems more like a question for your boss or HR.
That's his partner... I don't feel comfortable doing that...
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psrex
Member
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posted August 09, 2012 01:51 PM
If you don't feel comfortable talking to either your boss or HR about work hours then I would be actively looking for another job.I'll talk to my boss if I've been putting in extra time and I want some comp time. Sometimes I just have to work through, however, as there's a good reason that I'm putting in extra time and the time off can be deferred by a week or two.
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airwalk
Member
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posted August 09, 2012 01:52 PM
I don't see how there would be any harm in bringing it up even if it is his partner, I'd bring it up with your boss and tell him your thoughts. Ask if he can make accomidations for days when you return from travel.Otherwise make yourself indispensible to the company and dictate your own hours :P.
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JayC
Member
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posted August 09, 2012 02:06 PM
I hear what you're all saying, however kids and a mortgage in a challenging economy doesn't always mean you can do what seems logical which I'm sure you can understand.Perhaps I'm just annoyed by his overall attitude about the subject in general, as well. People at least deserve to ****ing sleep, don't they? For God's sake... I shouldn't feel bad that I went to bed at 4 and came in at 10 a.m. .. but apparently he disagrees.
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caquaa
Member
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posted August 09, 2012 02:13 PM
http://www.justanswer.com/employment-law/14eeo-california-ther-law-dictating-hours.htmlbest google could turn up seems like no? I didn't read too closely tho. I'd say just explain you think it might be better for the business if you work something out to not come in for a full day or something like that. If you start asking about laws and if they are violating any supposed law, of course its a difficult conversation. If you just explain how the travel is effecting you, it seems like an easy conversation.
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airwalk
Member
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posted August 09, 2012 02:23 PM
If you already explained your concerns to him (at least twice) and told him you can't properly do your job on such little sleep and he is still unwilling to budge then there isn't much else you can do. You can either start half-assing it/come in on time and sleep in your office or start looking for a new job in your spare time.Doesn't sound like a good work environment, I'd rather sell the house and downgrade to an apartment or smaller home for a while then be miserable/constantly exhausted slaving away for an employer who doesn't respect me and my family's well being. You might want to looking into the Occupational Safety and Health Act to see if it has anything about hours of work that are applied on a national level.
[Edited 1 times, lastly by airwalk on August 09, 2012]
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Volcanon
Member
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posted August 09, 2012 04:52 PM
In British Columbia, wage workers must be given something like ten hours between end of shift and start of next shift. There's probably comparable legislation elsewhere. If you tell your boss that you need more sleep, then he'll probably accede. Why would he want to pay for crappy work done by a bleary-eyed employee? Edit: If this is endemic or you think your boss would actually fire you over this, you might want to see a labour lawyer.
[Edited 1 times, lastly by Volcanon on August 09, 2012]
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WeedIan
Member
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posted August 09, 2012 05:06 PM
quote:
Originally posted by Volcanon:
In British Columbia, wage workers must be given something like ten hours between end of shift and start of next shift. There's probably comparable legislation elsewhere. If you tell your boss that you need more sleep, then he'll probably accede. Why would he want to pay for crappy work done by a bleary-eyed employee? Edit: If this is endemic or you think your boss would actually fire you over this, you might want to see a labour lawyer.
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Kyosukee
Member
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posted August 09, 2012 05:20 PM
quote:
Originally posted by Volcanon:
In British Columbia, wage workers must be given something like ten hours between end of shift and start of next shift. There's probably comparable legislation elsewhere.
The rough thing is that he's mentioned he's a salaried employee. As an exempt status employee he's not eligible for overtime compensation past 40. A good amount of exempt status employees (at least in my company) end up working considerable amounts of hours =(
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paragondave
Member
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posted August 09, 2012 10:04 PM
If you took the job knowing the requirements and have problems with the responsibilities now, go get a different job. I work shift for the US gov and if certain things were not legal, there would be lawsuits abounding. We do have union representation but in my work, the mission comes first. Semper Fi, do or die. You are in America, you have the right to quit your job if you don't like it and seek employment elsewhere. I'd kill for a job that allowed international travel.also, sleep on the plane.
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Mr.C
Member
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posted August 09, 2012 10:34 PM
quote:
Originally posted by Volcanon:
In British Columbia, wage workers must be given something like ten hours between end of shift and start of next shift. There's probably comparable legislation elsewhere. If you tell your boss that you need more sleep, then he'll probably accede. Why would he want to pay for crappy work done by a bleary-eyed employee? Edit: If this is endemic or you think your boss would actually fire you over this, you might want to see a labour lawyer.
It's 8 hours, IIRC.
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caquaa
Member
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posted August 09, 2012 10:35 PM
quote:
Originally posted by paragondave:
also, sleep on the plane.
have you ever been on a plane? O.oMaybe in first class or business, but in coach I think it would be more comfortable to travel inside my suitcase in the luggage compartment.
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paragondave
Member
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posted August 09, 2012 11:29 PM
quote:
Originally posted by caquaa:
[QUOTE]Originally posted by paragondave:
also, sleep on the plane.
have you ever been on a plane? O.oMaybe in first class or business, but in coach I think it would be more comfortable to travel inside my suitcase in the luggage compartment.[/QUOTE] sorry, no, never been on a plane. What century do you live in?
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Kyosukee
Member
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posted August 10, 2012 04:57 AM
quote:
Originally posted by paragondave:
sorry, no, never been on a plane.
Yeah, I don't trust planes eithers, but I've at least been on one before. It's crazy looking out the window as it goes higher and higher into the god's territory; I feel like Zeus! I hope you get to experience it one day, it's awesome
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MasterWolf
Member
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posted August 10, 2012 06:36 AM
Private business I assume? There is a lot less regulation on private. I know the State has all kinds of rules regarding what constitutes work, etc.
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Goaswerfraiejen
Member
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posted August 10, 2012 07:20 AM
Like MasterWolf, I suspect there's a difference between trips you take for your own benefit (loosely defined) versus work-related trips. I would expect flexibility on work-related trips, but not on trips taken for my own benefit.__________________
"I have heard the mermaids singing, each to each. I do not think they will sing to me." -T.S. EliotRIP Ari Legacy UGB River Rock primer. PM comments/questions.
Info on grad school in Phil.
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JayC
Member
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posted August 15, 2012 02:02 PM
Of course I'm only referring to work trips. Thanks for all of your input.
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paragondave
Member
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posted August 15, 2012 02:16 PM
quote:
Originally posted by Kyosukee:
Yeah, I don't trust planes eithers, but I've at least been on one before. It's crazy looking out the window as it goes higher and higher into the god's territory; I feel like Zeus! I hope you get to experience it one day, it's awesome
Definition of SARCASM 1
: a sharp and often satirical or ironic utterance designed to cut or give pain 2
a: a mode of satirical wit depending for its effect on bitter, caustic, and often ironic language that is usually directed against an individual b: the use or language of sarcasm See sarcasm defined for English-language learners » See sarcasm defined for kids » Examples of SARCASM a voice full of sarcasm
<I know you're not happy, but there's no need to resort to petty sarcasms to make your point.>
“That was my favorite show yet this tour,” Banks says. “I love audiences that are ambivalent.” For a second, I think he's laying on the sarcasm, until he continues. “I really like the chance to win people over.” —David Peisner, Spin, August 2007
[+]more Origin of SARCASM French or Late Latin; French sarcasme, from Late Latin sarcasmos, from Greek sarkasmos, from sarkazein to tear flesh, bite the lips in rage, sneer, from sark-, sarx flesh; probably akin to Avestan thwarəs- to cut
First Known Use: 1550 Related to SARCASM Synonyms: affront, barb, brickbat, cut, dart, dig, dis (also diss) [slang], epithet, gird, indignity, name, offense (or offence), outrage, personality, poke, put-down, insult, slap, slight, slur [+]more See Synonym Discussion at wit
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Kyosukee
Member
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posted August 15, 2012 03:30 PM
http://en.wikipedia.org/wiki/Troll_(Internet)Mission accomplished EDIT Since he didn't get it, let me rephrase My mission is accomplished
[Edited 2 times, lastly by Kyosukee on August 16, 2012]
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Zeckk
Member
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posted August 15, 2012 03:30 PM
Last time I checked into this, the only laws on the books regarding this issue on a federal level is the above-mentioned limits on mandatory time off after working 24 hours (doesn't have to be consecutive) within any given work week - which is 7 hours. I've personally known businesses that schedule salaried AND wage workers on shifts that run into the next calender work-week in order to avoid these limits while still getting ridiculous hours out of their employees. There are exceptions to these statutes for industries in which the nature of the work requires those kinds of shifts (firefighters, military, personal protection, etc.), but if you worked in those industries you would already be aware of such exceptions.Either hash it out with your boss, or find another job.
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flophaus
Member
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posted August 15, 2012 04:15 PM
I didn't read all of the replies, granted, but only getting 5 hours of sleep is a big deal?There are a lot of people who would kill for a solid 5 hours nightly. Grab an energy drink/coffee whatever and do what you gotta do. If you were telling me say, 3 hours that would be a bit different. Imagine being a bartending mother, what they deal with! I'm not trying to be rude, just stating my opinion on the matter.
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