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  • Federal labor laws

    Similar to WishfulSpirit's thread in MiM, though a bit more extreme.

    A friend of mine works at an electronics warehouse in Arizona. He's working 16 hours a day, 7 days a week, with a three-hour round-trip commute, and because of other duties (like, you know, food and chores and stuff) he's only getting two hours of sleep a night. He's given one half-hour lunch break about halfway through his day, and that's it.

    He's also responsible for operating forklifts, and on two hours of sleep, I feel like this is somehow an OSHA violation. But here's the real problem:

    He's a temp worker, and Arizona is a right-to-work state, so labor laws don't really apply to him and there's nothing he can do about his hours. I'm getting all of my information from him, so if some part of this is wrong or he missed something in his research, let me know. I'm also hoping that someone out there will know of a federal law that protects him, since everything I'm googling is coming up in unintelligible legalese.

    Edited to add: He just informed me that he gets a 15-minte break every two hours, and his lunch break is after the first four. That's what I get for trusting slightly old information.
    Last edited by Aragarthiel; 04-09-2015, 09:30 PM.
    The fact that jellyfish have survived for 650 million years despite not having brains gives hope to many people.

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  • #2
    As always, IANAL. Ditto anyone else here, last I checked

    Labor laws do apply, even he's under contract (contracts cannot supercede laws) -- it's just that states have a lot of leeway on anything not explicitly defined by the feds. Suggest that he talk with the Labor Board, have him describe his working conditions, and see what they say (preferably without alerting his job quite yet). Anything he has on paper showing all of this (even pay stubs) will help a great deal.

    The only thing I can think of is that businesses are supposed to allow 8 hours in between full shifts, but that they likely don't have to take travel time into account. This definitely sounds like a question for the experts.
    Last edited by EricKei; 04-10-2015, 01:17 PM.
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    • #3
      My industry (OTR trucking) is notorious for having some of the longest workweeks around. In the U.S., we're allowed 60 work hours in 7 days (or 70 in 8 days if the company operates 7 days a week). In Canada, we're allowed 70 work hours in 7 days (or 120 hours in 14 days, but I've never used that cycle), and 14 working hours in any given day (U.S. has no cap on working hours, but forbids driving 14 hours after coming on duty, so any work hours beyond that have to be on-duty not driving, for example fueling the truck or loading/unloading freight).

      From your description, this guy is working 112 hours in 7 days - 60% more than Canada's generous allowance. Definitely check on what the maximum allowable work week is.
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      • #4
        Quoth wolfie View Post
        Definitely check on what the maximum allowable work week is.
        Arizona doesn't have any sort of laws regarding this, except that if your contract says you're allowed a maximum of X hours, it's enforceable. I'm trying to work my way through federal laws but I hate legalese.
        Last edited by Aragarthiel; 04-10-2015, 03:39 AM. Reason: Strange grammar
        The fact that jellyfish have survived for 650 million years despite not having brains gives hope to many people.

        You would have to be incredibly dense for the world to revolve around you.

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        • #5
          Quoth Aragarthiel View Post
          Arizona doesn't have any sort of laws regarding this, except that if your contract says you're allowed a maximum of X hours, it's enforceable. I'm trying to work my way through federal laws but I hate legalese.
          Isn't there anything about maximum number of days you can work in a row without a day off? I believe NY state, for ex., says 13 days and then you have to have a day off. Don't know about AZ.
          When you start at zero, everything's progress.

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          • #6
            I can't find anything in the laws that will help, but he DID find a company policy that doesn't allow workers to work more than 80 hours without a day off. He's going to go talk to someone about it since he's not sure it covers him, being a temp and all.
            The fact that jellyfish have survived for 650 million years despite not having brains gives hope to many people.

            You would have to be incredibly dense for the world to revolve around you.

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            • #7
              Quoth Aragarthiel View Post

              He's a temp worker, and Arizona is a right-to-work state, so labor laws don't really apply to him

              Right to work only means one isn't required to join a union if their workplace has one. Labor laws apply to everybody.

              I second the suggestion to talk to the local labor board.
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