Is it legal if my employer takes 3 hours of my pay for a 24 hour shift if we get more than 5 hours of down time from 11 pm to 8:30 am?

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Is it legal if my employer takes 3 hours of my pay for a 24 hour shift if we get more than 5 hours of down time from 11 pm to 8:30 am?

I am stationed at a small bunk room where we can hangout or sleep awaiting calls.

Asked on October 5, 2016 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you were on site (e.g. in the bunkroom), where and when your employer requires you to be there, you have to be paid for all your time: being restricted to the employer's designated location at its request is work, and must be paid. If you were supposed to remain on site but left, then you may have time or pay debited for the time you were away if you were hourly--though if salaried, you should still have been paid your normal salary for the day (salaries are onky reduced for missing a whole day at a time). If this does not answet your question, repost with additional detail.


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