An Assembler Asks Questions About Overtime

Q: I work as an assembler in a manufacturing company on the south shore. I have my typical work hours of 7:00am - 3:30pm with a 30 minute lunch break. However, sometimes when we hit our busy season many of us have to work overtime. Management will ask us first and then if they don't get enough volunteers, they will demand that some of us come in. My question is what is we work on a holiday. How should they be paying us? Time and one-half, double time?

A: Thanks for submitting your questions. I was pleased to read that you were receiving the 30-minute meal break.

To better answer your question on how your company should be paying you, I consulted Jonathan R. Sigel, Partner in the Labor and Employment Group at Mirick O'Connell. Sigel shares that "As a general rule, under Massachusetts law, only a retailer which has more than seven employees in a store is required to pay 'premium pay' (at time and one-half) to the company’s non-exempt employees for work performed on Sunday and certain legal holidays. Massachusetts and federal law does not require that any employees (regardless of the industry) be paid premium pay for Sunday and holiday work." Assemblers are typically classified as non-exempt under federal law.

Sigel further explains, "In Massachusetts, manufacturers may legally operate on legal holidays (assuming permits are obtained when necessary), but employees generally cannot be required to work on those days – i.e., work must be optional. The law provides that non-exempt employees can be required to work in a mill or factory on any legal holiday only if such work is both 'absolutely necessary' and can lawfully be performed on a Sunday."

If you would like more information about these laws, visit http://www.mass.gov/ago/doing-business-in-massachusetts/labor-laws-and-public-construction/wage-and-hour/sunday-and-holiday-openings.html.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

Sick employees need to stay at home

Q: I can't stand this time of year. Other people complain about the snow, their commute or the cold. Not me. I am can deal with all of that. But these people that come into the office with their noses running, a hacking cough and then touching phones, door knobs and shaking hands. They are making all of us sick. When I am sick, I stay home. I call into meetings if I can. I don't sneeze and cough amidst co-workers. How are we supposed to address this in the workforce?

A: I get it. I so get it. I have been on the same tirade recently. These folks that take out the tissues, honk their noses and then proclaim that everyone is sick in their house but brag how they made it into work. I feel like standing up and saying, "Go home. We don't want you in this condition."

Sick people need to stay home. With all of the technologies available to us, we want the brains of our employees, but not their germs.

I recently had a client email all employees a reminder not to come into the office if they have certain symptoms (similar to the list you see posted at hospitals). One person can spur an epidemic. And many of us, because of snow storm after snow storm, are more housebound that usual. It is hard to get outside and get some fresh air.

One policy that drives me wild, which some companies still have, is a perfect attendance award. Instead, I would like to abolish these awards. These drive employees to report to work even when they are sick and should remain at home.

I also think having hand sanitizer around is a smart idea. A decade ago, hand sanitizer was uncommon. Today I would make sure I have a giant bottle on my desk. I also like to wipe down telephones and door knobs frequently.

Thirty-two days until spring!

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

Job Doc chat with Pattie Hunt Sinacole @ Boston.com 2-9-15

This week Pattie answered questions about snow days disrupting productivity, tips for staying focused when working from home, finding the right career path, being consistently rejected for promotions, getting a true picture (the good and the bad) of a new company before accepting a position, looking for a new job yet hoping to start a family soon, and more... Read the transcript at http://www.boston.com/jobs/news/jobdoc/2015/02/monday_noon_job_doc_chat_with_16.html.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

Meal Break for a Recent Grad

Q: I started a new job recently. I graduated from college in May, 2014. I want to make a good impression. During my interview, I was told that hard work, being flexible and having a good attitude was important. I am trying really hard to do all of this! I do question one thing though. Others get a lunch hour and are able to do an errand, eat lunch or make phone calls. I was told that I should spend my lunch hour covering for the receptionist. I eat my lunch at the front desk. I must bring my lunch since I don't have the same flexibility as others. Sometimes I need to run quick errand or make a call. This doesn't seem fair that others get lots of freedom and I don't. What are your thoughts?

A: You have good instincts! Not only is this unfair but it sounds like it could be illegal. In Massachusetts, employers must provide a 30-minute meal break when an employee works six consecutive hours in a single shift. Assuming you are full-time and work six hours or more in single work day, you should be given a 30-minute meal break during your work day. The 30-minute meal break cannot be broken up into smaller chunks of time (e.g. two fifteen-minute breaks) and still comply with the law. An employee can voluntarily waive this meal break, but it sounds like you would like this meal break! In Massachusetts, employers can must allow employees to be free of handling work-related tasks and employees must be able to leave the work premises during this break. Also, the meal break can be unpaid since it is not time actually worked.

If my assumptions above are true, I would suggest talking to your supervisor. Explain that you are more than willing to help out covering the front desk, but that a meal break would give you a true break during the day. Hopefully your supervisor will understand. You can also explain that it is difficult seeing everyone else leave during the day when you don't enjoy the same break. If your supervisor still seems resistant, I would suggest sharing that your understanding is that a 30-minute meal break is the law after working six hours.

For more information, visit http://www.mass.gov/ago/doing-business-in-massachusetts/labor-laws-and-public-construction/wage-and-hour/meal-breaks.html.

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.

Shoveling out a Colleague

Q: I work for a small start-up. All of us do everything all the time! Recently there was a snowstorm. Our building maintenance team did a poor job of plowing. There were a few employees who had cars that got plowed in. Our CEO asked us all to chip in to shovel out the plowed in cars so people could get out. I think we should have just paid for cabs for them to get home. Have you ever heard of employees being asked to shovel out the cars of co-workers?

A: Many of us have been stressed by snow storms this winter. The snow has created chaos with travel schedules, work commitments and the challenges of working at home when you are typically not a telecommuter.

As you mention, some employees have had their vehicles plowed in. I know some of my clients received mandates, which came from commercial landlords. In short, the mandate is "move all employee and visitor cars by X time or they will be towed." I am wondering if your CEO received such a message but perhaps did not communicate this instruction. Plows struggle with clearing parking lots if many cars are left there, especially for several days. As I recall, during a recent blizzard, there was a parking ban in Boston and cars were towed if they were left on the street overnight. My guess is that your CEO faced a similar situation.

I have heard of co-workers pitching in to ensure a colleague can move their car. Usually the shoveling is done on a volunteer basis and those with bad backs or other physical challenges are exempt. Often there are not enough shovels to go around so the effort is shared among many. Depending on the number of employee stuck and where they lived, cabs could get expensive. Additionally, cab service may have been hard to come by since cabs are often in great demand during storms. Start-ups are usually watching every penny so cab rides for all are unusual.

I just hope the groundhog is wrong! Go Pats!

Pattie Hunt Sinacole is a human resources expert and works for First Beacon Group in Hopkinton, an HR consulting firm. She contributes weekly to Boston.com Jobs and the Boston Sunday Globe Money & Careers section.