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RE: Is there a law on length of time between shifts? - 12/27/2010 4:17:26 AM   
angelikaJ


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quote:

ORIGINAL: defiantbadgirl

I've always had problems sleeping during the day, but I can't work days because I'm not a company approved driver. I can't be a company approved driver due to my bad driving record (too many tickets). If my luck holds out, my driving record will be clean in a year. I'm careful to follow the speed limit except when forced to attend out of town meetings (a 45 minute round trip). When I can barely keep my eyes open, I figure the less time I spend behind the wheel, the safer I and other drivers around me are. The company I work for is very strict on attendence at mandatory meetings. My immediate supervisor excused me from a meeting once and the CEO was pissed. I'm afraid bringing it up at the corporate office will get me fired. That's why I was hoping there was a law to protect me. Apparently there isn't.



That is very bad logic and is unlikely to assist you in keeping your driving record clean.

Why not try to carpool with some of the other workers? With the cost of gas It might make sense to them too... you give them the $5.00 once a month.



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RE: Is there a law on length of time between shifts? - 12/27/2010 4:41:49 AM   
kalikshama


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quote:

Why not try to carpool with some of the other workers? With the cost of gas It might make sense to them too... you give them the $5.00 once a month.


I think the real issue is that the employer is showing complete disregard by scheduling a mandatory mid-day meeting for graveyard shifters.

I would try the chain of command route, and offer suggestions. Perhaps the meeting can be changed to the end of your shift, if not every month, then every other month. That way everyone is inconvenienced.

Are there other graveyard shifters who will back you up on how disruptive this is for your sleep schedule?


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RE: Is there a law on length of time between shifts? - 12/27/2010 4:46:05 AM   
defiantbadgirl


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No, we don't get to clock in until the meeting starts. All employees scheduled for Thursday, Friday, and Saturday night shifts hate it. Nobody understands why the company doesnt either schedule the weekend night shifts for Fri, Sat, & Sun nights because of the meetings or excuse night shift workers from attending the meetings. I do get a ride from someone as often as possible to avoid driving. For those telling me to suck it up since meetings are only once a month, it only takes once for a person to fall asleep at the wheel and kill or permanently injure themselves or someone else.

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RE: Is there a law on length of time between shifts? - 12/27/2010 4:58:32 AM   
kalikshama


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quote:

I am assuming they are paying you for 2 or 4 hours and not the actual interval the meeting lasts?


In Massachusetts, once you punched in they were required to pay you for a minimum of I think 2 hours. If this is the case in your state, and they've only been paying all of you 30-60 minutes, this may give you some leverage, especially if they now owe everybody back pay.

However, when you point out to employers that they are breaking the law, they tend to be less than grateful.

I suggest you get all the shiftworkers together. Strength in numbers. Some of them may be afraid to buck management - present it as a dialog to create a win-win situation, not something more adversarial.

Good luck!

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RE: Is there a law on length of time between shifts? - 12/27/2010 5:01:31 AM   
angelikaJ


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It does suck to have your sleep interrupted in the middle like that.

I think complaining is a poor way to get things solved; the better option is to present the problem and offer solutions.
The same CEO who got upset btw might not have been given the information about the shift workers; and they may not be thinking of things like travel time either in terms of sleep disruption and shift coverage.

So, if one person is complaining, that is different from you and the other shift workers writing a respectful, reasoned letter to your boss' boss (and cc it to human resources) requesting a change in the time of your meetings from mid-day to one hour after the end of shift.




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RE: Is there a law on length of time between shifts? - 12/27/2010 5:10:55 AM   
defiantbadgirl


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quote:

ORIGINAL: kalikshama

quote:

Why not try to carpool with some of the other workers? With the cost of gas It might make sense to them too... you give them the $5.00 once a month.


I think the real issue is that the employer is showing complete disregard by scheduling a mandatory mid-day meeting for graveyard shifters.

I would try the chain of command route, and offer suggestions. Perhaps the meeting can be changed to the end of your shift, if not every month, then every other month. That way everyone is inconvenienced.

Are there other graveyard shifters who will back you up on how disruptive this is for your sleep schedule?




A few months ago, the company threatened to fire employees for missing the mandatory meetings. They printed out flyers containing the threat. Also, I know how offended the CEO was the one time I was excused from attending by my supervisor. I can't help but wonder how many of those who were missing the meetings before the threat work the graveyard shift. I think most of us are afraid to bring up the subject.


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RE: Is there a law on length of time between shifts? - 12/27/2010 5:34:37 AM   
defiantbadgirl


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quote:

ORIGINAL: SpiritedRadiance

If your not alert enough to drive, well then wake up 10 or 20 minutes earlier and have some juice.

Or better yet come on over to my job, pull 12 hour shifts every night your scheduled to work 8, and then have to come back for 3 or 4 weekly meetings half way through your sleep for the night. this is at least 3 meetings EVERY WEEK.... Also factor in the winter travel time because as a utility company you cant call off for weather.....



Wow your employer is forcing employees to endanger themselves as well as other drivers on the road every week? May I ask how many times they have been held liable in court for causing traffic accidents? Driving while exhausted is by law considered reckless driving and if the employer is forcing it......I wonder why cases like this aren't more publicized blaming the employer as I have no doubt there are plenty of them.


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RE: Is there a law on length of time between shifts? - 12/27/2010 5:45:44 AM   
barelynangel


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You know, i really don't believe this is as dangerous as you are making it out to be, i think what it is, is you are trying to find any reason NOT to have to get up and go to this meeting because you don't like having your sleep interupted.  If you are THAT concerned about your driving record or falling asleep then take a cab on the days you can't car pool or get a hotel for that one day.  Its your responsibility to get to work and to not endanger others, NOT the company's.  If you don't like what the company expects of you, then you can find another job.  All in all, i think you are laying it on a little too thick. 

The company isn't liable for traffic accidents YOU cause while off the clock. AS you have indicated they aren't doing anything illegal according to the laws of your state.   A Company requiring you to come to work does so whenever you are scheduled to work.  HOW you get to work is usually your issue and if you choose to drive recklessly because you are so tired, then you are responsible NOT your company. 

Your wanting to put the responsibility on the company because they make you do something you don't like once a month, is irresponsibility on your part.  There are other options for you, if you choose not to take them, then its not the company's fault.   You can continue to try and make this the Company's problem but legally its your problem.

Have any of you brought up a possibility of attending via telephone?  You all call in and listen to the meeting from your homes?

angel

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RE: Is there a law on length of time between shifts? - 12/27/2010 6:12:44 AM   
angelikaJ


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angel,

To be fair to dbg, Thurday night she works 11p-9a (a 10 hr shift) and Friday she has to go in, not at 11p but at 9pm for another 10hr shift. So, in the middle of her day, she has to get up and go to where the meeting is (which is in a different place than where she usually works). If she can't nap prior to then that means she won't be getting to bed until after 2:30 or 3pm.

On the other hand, dbg, were you to take a nap before the meeting and get up @ 11:45, then go to the meeting... that should help with the impaired driving issue.

As mentioned earlier, I would suggest having the graveyard shift workers request an earlier time for the meeting. it is not an unreasonable request.

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RE: Is there a law on length of time between shifts? - 12/27/2010 6:27:51 AM   
defiantbadgirl


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quote:

ORIGINAL: barelynangel

You know, i really don't believe this is as dangerous as you are making it out to be, i think what it is, is you are trying to find any reason NOT to have to get up and go to this meeting because you don't like having your sleep interupted.  If you are THAT concerned about your driving record or falling asleep then take a cab on the days you can't car pool or get a hotel for that one day.  Its your responsibility to get to work and to not endanger others, NOT the company's.  If you don't like what the company expects of you, then you can find another job.  All in all, i think you are laying it on a little too thick. 

The company isn't liable for traffic accidents YOU cause while off the clock. AS you have indicated they aren't doing anything illegal according to the laws of your state.   A Company requiring you to come to work does so whenever you are scheduled to work.  HOW you get to work is usually your issue and if you choose to drive recklessly because you are so tired, then you are responsible NOT your company. 

Your wanting to put the responsibility on the company because they make you do something you don't like once a month, is irresponsibility on your part.  There are other options for you, if you choose not to take them, then its not the company's fault.   You can continue to try and make this the Company's problem but legally its your problem.

Have any of you brought up a possibility of attending via telephone?  You all call in and listen to the meeting from your homes?

angel


In our (me and my co-workers) case, attending by telephone isn't an option. A motel room wouldn't do any good when meetings are out of town and the work site is in town. As I stated in a previous post, I have someone drive me whenever possible. Nobody can afford a 45 minute cab ride on an $8.50/hr wage. In this economy, finding another job is extremely difficult. I'm making an even bigger deal of this after reading SpiritedRadiance's post since she goes through it every week. So employers can force their employees to break the law and aren't held liable for it. Oh wait, they aren't being forced because they can choose instead to be unemployed and homeless.


_____________________________


Only in the United States is the health of the people secondary to making money. If this is what "capitalism" is about, I'll take socialism any day of the week.


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RE: Is there a law on length of time between shifts? - 12/27/2010 6:31:54 AM   
barelynangel


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Umm yeah i kinda read her OP.  I know what she is saying BUT i also know a lot of people, even others at her own work, does this.  So its not like she is THE ONLY ONE.  She is trying to make the Company liable for her choosing to drive when she knows she shouldn't be.  So i really don't get what you mean by to be fair, i know what she is dealing with, however, i don't approve if she knowingly sits here saying well sleep deprived drivers cause accidents and the company should be liable etc.  No, SHE needs to be responsible and find some other way to get there without endangering other people.  As she said, it takes one time and she could actually kill someone IF she is choosing to drive in that manner.  I was supportive of her prior to her continued placing on the COMPANY the responsibility of her CHOOSING to drive recklessly and her continued comments about it causing accidents etc.

Sorry, there is no to be fair if she is choosing to speed and drive recklessly and then place the blame on the COMPANY, instead of herself.  If she feels she shouldn't be driving then she shouldn't be -- period.  Sorry, i was supportive but this continued excuses and comments about it she is making makes me wonder if she is almost planning to get in an accident to prove her point.

angel

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RE: Is there a law on length of time between shifts? - 12/27/2010 6:38:25 AM   
barelynangel


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NO ONE, is making you BREAK the law.  Sorry but they aren't.  Your company sets out the parameters of your employment, you either meet it or you don't.  I am not saying its fair, but your making a big deal HERE and talking about accidents and driving sleep deprived etc and yet NOT doing anything within your company to me is making this YOUR issue.  If you choose to continue to drive as recklessly as you claim and you say nothing and don't fight anything with your employer, then no one BUT you is responsible.

Get a group of you together, put together a presentation and bring it to your employer.  You said you are afraid to do that, but yet you don't seem afraid to drive recklessly to maybe kill someone, but yu are afraid to talk more with your employer?  Sorry, this is why you are losing my support of your problem.  You don't care about maybe killing someone if you fall asleep at the wheel, but you won't fight this with your employer or try and work with them to come up with other solutions.  Sorry people choosing to irresponsibly drive are not people who get my support, i have seen too many people i know DIE because of irresponsible drivers who blame other people for choosing to get behind the wheel.

angel

If your concern and other night shifters concern is driving recklessly more so than you just don't like your sleep interupted, you could drive to the area of the meeting after your shift, sleep umtil the meeting then go back and sleep until you have to go to work.  Maybe its not the most comfortable solution but it would solve your driving sleep deprived which is a lot like driving drunk.

< Message edited by barelynangel -- 12/27/2010 6:45:07 AM >


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RE: Is there a law on length of time between shifts? - 12/27/2010 6:50:55 AM   
stef


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quote:

ORIGINAL: defiantbadgirl

So employers can force their employees to break the law and aren't held liable for it.

How are they forcing you to break the law again?

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RE: Is there a law on length of time between shifts? - 12/27/2010 7:39:41 AM   
defiantbadgirl


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quote:

ORIGINAL: angelikaJ

angel,

To be fair to dbg, Thurday night she works 11p-9a (a 10 hr shift) and Friday she has to go in, not at 11p but at 9pm for another 10hr shift. So, in the middle of her day, she has to get up and go to where the meeting is (which is in a different place than where she usually works). If she can't nap prior to then that means she won't be getting to bed until after 2:30 or 3pm.

On the other hand, dbg, were you to take a nap before the meeting and get up @ 11:45, then go to the meeting... that should help with the impaired driving issue.

As mentioned earlier, I would suggest having the graveyard shift workers request an earlier time for the meeting. it is not an unreasonable request.


Glad to see someone understands. I did make suggestions to my current supervisor. The company is very big on following chain of command (which one of our mandatory meetings a few months ago covered). My guess is, my supervisor was afraid to risk her own job by mentioning the issue to corporate management. After a year and a half, she finally allowed me to switch nights with a co-worker to resolve the issue. The co-worker I switched with has now been promoted and will soon be my new supervisor. He plans to ask the new hire to switch nights with me, but because of the way the corporate office has the shift scheduled, he can't force the issue. Hopefully, my situation can be resolved soon. But this does nothing for other employees who work that shift and are forced to attend the meetings. It does nothing for employees throughout the US who are forced by their employers to break the law. I've considered the idea of sending a signed petition to human resources, but I'd feel terrible if everyone who signed it lost their jobs. Since it's illegal to drive when deprived of sleep, it should be illegal for employers to require it. In cases where employers have forced sleep deprived driving, they should be punished, not the employee. I wonder how many Americans workers are sent to prison for involuntary manslaughter because their employers wouldn't allow them adequate sleep.


_____________________________


Only in the United States is the health of the people secondary to making money. If this is what "capitalism" is about, I'll take socialism any day of the week.


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RE: Is there a law on length of time between shifts? - 12/27/2010 7:50:42 AM   
defiantbadgirl


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On a more positive note, at least someone with involuntary manslaughter on their criminal record will have an easier time finding a job (when they get out of prison) than those with no criminal record due to affirmative action.

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RE: Is there a law on length of time between shifts? - 12/27/2010 8:18:39 AM   
kalikshama


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quote:

On a more positive note, at least someone with involuntary manslaughter on their criminal record will have an easier time finding a job (when they get out of prison) than those with no criminal record due to affirmative action.


Oh, please. Now you've lost all my sympathy. Stop being a victim.

I'd like to hear from felons who believed conviction and imprisonment was worth it to get a job at Wal-Mart and from non-felons who were told by an employer, "Sorry, you were more qualified, but we went with the felon so we could get the tax credit."

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RE: Is there a law on length of time between shifts? - 12/27/2010 8:23:37 AM   
stef


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Look at it this way, prison might be good for you.  It would give you an opportunity to possibly learn new job skills and all your pissing and whining would finally have some legitimacy.  Even better, we would be spared your "poor me" tirades and endless blamethrowing for your personal inadequacies for the duration of your incarceration.

It's a true win-win!

~stef


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RE: Is there a law on length of time between shifts? - 12/27/2010 8:30:30 AM   
kalikshama


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WOTC (work opportunity tax credit) is such a success that here are the top Google results:







Attachment (1)

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RE: Is there a law on length of time between shifts? - 12/27/2010 8:32:11 AM   
angelikaJ


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quote:

ORIGINAL: defiantbadgirl


quote:

ORIGINAL: angelikaJ

angel,

To be fair to dbg, Thurday night she works 11p-9a (a 10 hr shift) and Friday she has to go in, not at 11p but at 9pm for another 10hr shift. So, in the middle of her day, she has to get up and go to where the meeting is (which is in a different place than where she usually works). If she can't nap prior to then that means she won't be getting to bed until after 2:30 or 3pm.

On the other hand, dbg, were you to take a nap before the meeting and get up @ 11:45, then go to the meeting... that should help with the impaired driving issue.

As mentioned earlier, I would suggest having the graveyard shift workers request an earlier time for the meeting. it is not an unreasonable request.


Glad to see someone understands. I did make suggestions to my current supervisor. The company is very big on following chain of command (which one of our mandatory meetings a few months ago covered). My guess is, my supervisor was afraid to risk her own job by mentioning the issue to corporate management. After a year and a half, she finally allowed me to switch nights with a co-worker to resolve the issue. The co-worker I switched with has now been promoted and will soon be my new supervisor. He plans to ask the new hire to switch nights with me, but because of the way the corporate office has the shift scheduled, he can't force the issue. Hopefully, my situation can be resolved soon. But this does nothing for other employees who work that shift and are forced to attend the meetings. It does nothing for employees throughout the US who are forced by their employers to break the law. I've considered the idea of sending a signed petition to human resources, but I'd feel terrible if everyone who signed it lost their jobs. Since it's illegal to drive when deprived of sleep, it should be illegal for employers to require it. In cases where employers have forced sleep deprived driving, they should be punished, not the employee. I wonder how many Americans workers are sent to prison for involuntary manslaughter because their employers wouldn't allow them adequate sleep.



Again, my suggestion would be that your new supervisor might suggest switching the hour with in the agency...and I would suggest a not a petition but a respectful letter, explaining both the issue and the proposed solution.
However, if your agency is like mine, each house has their own meetings and at some point some third shift is likely to have to be disturbed.
I know the meetings seem pointless, but really they are not. They explain new legal stuff within federal and state regulations and how it affects agency policy.
They are essential to keeping your job (and doing it well).

I do understand your point. However, even in my house when I worked the mandated overnight after having been up since the morning before, I still had to do medications correctly... . If I made a mistake it would have been my error.

As terrible as residential care is in regards to that, the fact that medical residents (and sometimes other professions) are expected to work 80 hours and not make mistakes in the level of care they provide, means that while sleep deprivation studies look good (and I believe in them and have argued those same points) they have not yet caught on.
Being told you have to drive somewhere if you are tired may not be against the law.

So, plan ahead: get plenty of sleep the day before and take a nap before the meeting if at all possible.
On the week of your employee meeting don't schedule appointments for that Thursday. Try to get adequate sleep on the both the Wednesday before and the Thursday of your shift..

I do very much empathise.
The last agency had promised me a day off, only to schedule the monthly staff meeting for that day.
I had a very specific reason for asking, and my having it off was a condition to my transferring my employment over to them (Like the furniture, I came with the house...except it was my option). But it was only one day a month... and eventually I made another arrangement.





_____________________________

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http://www.collarchat.com/m_3234821/tm.htm

30 fluffy points!

https://www.youtube.com/watch?v=mQjuCQd01sg

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RE: Is there a law on length of time between shifts? - 12/27/2010 8:38:31 AM   
Aynne88


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quote:

ORIGINAL: defiantbadgirl

On a more positive note, at least someone with involuntary manslaughter on their criminal record will have an easier time finding a job (when they get out of prison) than those with no criminal record due to affirmative action.


People like you are why people like me have to pay exorbitant sums for commercial liability and workers compensation policies. It's once a fucking month, deal with it. Oh and when I put up a mandatory meeting notice, it's not a threat, it's a company policy. You don't like them? Fine. I have a dozen other people in an economy with almost 11% unemployment waiting to work and not whine about a monthly meeting. 

Manslaughter? You have got to be kidding me. I am adding a ten page psych evaluation to my hiring process from now on to weed out people that equate a monthly meeting that interrupts their sleep as possible manslaughter charges on the employer.


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As long as people will shed the blood of innocent creatures there can be no peace, no liberty, no harmony between people. Slaughter and justice cannot dwell together.
—Isaac Bashevis Singer, writer and Nobel laureate (1902–1991)



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