The news that the Gannett Company--the nation’s largest newspaper publisher, flagship USA Today--is forcing thousands of its employees to take unpaid leave is the latest, shocking, evidence of the ill health of the old media.
But for present purposes, let's focus on this odd nugget: Gannett has informed its employees that pursuant to federal and state law, they [emphasis added]:
must not work while on an unpaid leave. That includes reading or responding to e-mails, calling or responding to calls from colleagues and being on site at your location at any time during your furlough days.
Can't you just imagine the scenario? A conscientious furloughed Gannett employee is at home trying to stay current by reading some emails, when suddenly comes a battering at the door: "FBI! Put down the mouse and step slowly away from your computer!"
A quick Googling doesn't reveal the laws Gannett is referencing. I have an email out to a labor lawyer friend in California, and will update as soon as I have more.
But what kind of legal system forbids people from helping save their employer--and their own jobs--by volunteering their services?
Update: FReeper EBH passes along this advisory from the federal Department of Labor containing this passage:
An employer cannot sit back and accept the benefits of an employee’s work without considering the time spent to be hours worked. Merely making a rule against such work is not enough. The employer has the power to enforce the rule and must make every effort to do so. Employees generally may not volunteer to perform work without the employer having to count the time hours worked.
In the mind of the feds, I guess charity doesn't start at home--at least when it comes to saving your employer and your own job.
—Mark Finkelstein is a NewsBusters contributing editor and host of Right Angle. Contact him at mark@gunhill.net.




















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They Must Be Kidding
January 15, 2009 - 06:52 ET by JillCWIt is my understanding that those folks have been temporarily laid off which entitles them to apply for unemployment benefits. If there is no date for their return to work, they can collect while not working and can look for work other than the current employer. To call this a "furlough" is outrageous because they're usually not handled without pay, e.g., an army officer on furlough is still paid for his time.
In most employment scenarios, e.g., restaurants, where extra time is needed by a part-time or full-time hourly employee, working off the clock is a big no-no for the employer who could be in trouble with the labor board for failing to pay the employee.
What is Gannett trying to accomplish other than depriving furloughed workers of rights they have while not employed?
What is Gannett trying to
January 15, 2009 - 07:00 ET by ThisnThatWhat is Gannett trying to accomplish?
I think Gannett might be concerned that its employees will begin to surf other sites (maybe like Newsbusters) and realize that there are other viewpoints out there that make a lot more sense than the rubbish Gannett and AP are pushing. Then, these employees will bring their new perceptions back to the newspaper when they are "off furlough", and begin to question Gannett's logic and tactics to presenting/slanting the news. And then force changes to occur so that Gannett would be backed into a corner and have to present both sides of a story; not selectively hide the truth; and stop presenting opinion as news?
Just speculating. These liberal minds are always concocting some kind of conspiracy, so it's entirely plausible....
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If you can read this, thank a teacher. If it is in English, thank a Soldier. - My barber
Wait a Minute!
January 15, 2009 - 06:52 ET by heldmywA person's time is their own. If they agree to sell some of that time to a company for acceptable compensation, that's called employment.
If said company decides NOT to pay them or demand the use of that time, what possible means could ANYONE have to prevent them from selling that time on the open market?
Demanding or forcing a person to accept uncompensated time is commonly called "slavery".
Geez, it's sounds a little like France...
January 15, 2009 - 07:31 ET by on-the-rockswhere agents of the government cruised parking lots, looking for employees who were working late, exceeding the 36 hours per week (or whatever the figure was, they may have changed it).
If "furloughed" employees wish to work on their own time, it may be because they enjoy their particular job. Unions may not like it either because it might give the employee the inspiration to freelance.
Teachers do "off the clock" work all of the time, in order to do preparatory work (planning) for upcoming lectures, classwork, exams, etc..
Aside from being a part-time college teacher, as a geologist in a salaried position, I do "off the clock" work all of the time, because I enjoy geology and because I want to keep myself "up" on current events and interpretations. Of course I would like to get paid for that extra work, but I do it anyway because being a geologist is not just what I do, it is what I am. I don't shut off at 5 PM.
I do "off the clock" work
January 15, 2009 - 09:51 ET by Dan The Man 2I do "off the clock" work all of the time, because I enjoy geology
Always thought you all had rocks in your heads....lol. Ya sometimes if ya love something its just in your blood and if ya get paid for doing it your in hog heaven.
Nuke em til they glow then shoot em in the dark.
This is not............
January 15, 2009 - 08:24 ET by A Typical PatriotThis is not the country that I was born and raised in. More and more of our freedoms are fast slipping away. Rights that we took for granted are being taken away. Does 't anybody care anymore? There should be such a roar of outrage about the stealling of our rights and freedom that it could be heard around the world. I'm hearing nothing.
Labor
January 15, 2009 - 09:57 ET by GothampcI wonder if the union will seize on this opportunity to organize a local? That would mean sure death for Gannett.
I'm also surprised that Gannett hasn't made more of their employees independent contractors.
I suggets to Gannet that they let Newsbusters and us NBers
January 15, 2009 - 10:25 ET by JTPtake over the content for a week. They will see what an honest weeks worth of news looks like. I will work for free. Also, I just looked at my keyboard and found that I have a "D" on it so the corruption stories will be complete with out guessing!
"I need more cowbell!" SNL
No worries, Gannett
January 15, 2009 - 10:34 ET by nkviking75Since reporters can't be bothered to carry out a basic function of their job, research, why is Gannett worried that reporters will work on their own time?
Welcome to the era of unity, you racist!
I don't feel sorry for
January 15, 2009 - 11:20 ET by marpelI don't feel sorry for them. They did it to themselves.
Finally a dose of REALITY to the Elitists...
January 15, 2009 - 16:05 ET by jdubyaNot sure about this whole "furlough" thing. It might be a way for Gannett to keep their Borg Drones from actually noticing the outside world in a mental shackles sort of way.
I do know that if they are still employees of the company and remain employees of the company, but the company is not conducting business or using a particular business unit due to financial situations, then the employees cannot assume that they have been "laid off" or get any financial, i.e. Barry's Bottomless Handout Pocket in unemployment benefits.
These douche bags need to look around and get a dose of reality. It is happening in many industries. I work in the semiconductor industry and many of my customers are shutting shop and other drastic measures to avoid laying off workers. This stinks for the workers that are affected (i.e. they are the overhead) since many of them do not have the available vacation hours saved up. Most of these people take off time for vacations; a day here and there. They obviously do not save up, because they are spending their money on the vacations. They are the stupid ones. No work, no pay. Just that simple.
Having gone through this on a smaller scale (2000-2002), I learned to take little vacation and save up a decent amount. I highly recommend anyone reading this far into my comment to do the same. I have about a half a year's salary saved for just this kind of action. Now if these people were smart, they might just start perusing the internet and stumble across these sites and realize why their employer is going belly up. Who knows, perhaps this is just the sort of thing they needed all along; a kick in the butt to do better journalism. The ones who remain are milkmen with no capacit whatsoever to do better. They will eventually sink with the ship, or get laid off due to "BUDGET CUTS".
My advise to these people who do go the way of the Old Media Dodo: Please smile at me when you ask me if I want fries with that meal.
Wide brush
January 15, 2009 - 16:41 ET by BettendorHey all, be careful about gloating too much about Gannett's or any other financial chain's financial problems.
I happen to be one of those reporters who has to deal with a furlough. Contrary to popular belief, some of us reporters do try to be fair, and this will affect all of us, regardless of how we got to this point.
The solution is
January 15, 2009 - 22:55 ET by RR GOPThe solution is simple...build Worker's Retreats where they can keep tabs on everybody better during vacations. The weekends are no problem, as they can be taken up with Civil Defense Force drills, 'voluntary' community service and the like.
Folks need to get with the program and start thinking like a Socialist.
One of the 24% who thinks George W. Bush was a great President. One of the 89% who wants to bring back the stock and pillory.