payment for sitting around while on duty

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payment for sitting around while on duty

I’m a local truck who gets paid by
the load. Frequently I have to sit
around for several hours before I
can deliver my load, am I entitled
to compensation for those hours of
idle time

Asked on July 11, 2019 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

It depends on where you can go and what you can do:
1) If restricted to your employer's or a customer of theirs' location, then it's work time: work time is not just when you are accomplishing things or being productive, but it's any time you cannot do (within reason) what you want because your employer makes you be someplace. In this case, you'd be paid.
2) But if you can go shop, sleep, get lunch, do errands, exercise, etc. while waiting for the load and just have to come back when they tell you it is ready, then it is *not* work time because you can (within reason) do what you want: you would not be paid.


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