Should I be aid for the time that I must wait to work?

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Should I be aid for the time that I must wait to work?

I do service work for an electrical contractor. Due to schedule issues or a customer being late, sometimes I am left waiting for the next job, usually in front of customer’s home. I pretty sure that I should be paid for that time but I’m expected to go off clock until the customer is ready.

Asked on August 15, 2019 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You are correct: you should be paid from when the electical contractor sends you to the customer's home. "Work" time is not just productive work time: any time you are somewhere the employer told you to go, available and ready to work, that is work, even if nothing is getting done due to the customer being late or otherwise unavailable. If you choose to get there early for your own reasons, you would not be paid until the time the employer wanted you there, but once you are there where and when the employer wants you, that is work time and you must be paid.


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