is it legal for an employer to not pay for down time do to rain but make you stay on the job?

I am a concrete finisher and I’m not
getting paid for the time that I wait
for rain to pass

Asked on September 11, 2016 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, the employer can't have it both ways: they can send you home, if the weather does not permit you to do your job, in which case they don't have to pay you; but if they require you to stay on the jobsite, you must be paid your regular hourly wage. Any time the employer requires an employee to be somewhere, that is compensible worktime, even if no "work" is then being done.

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