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lisaleewoods
04-22-2007, 02:07 PM
I work as a bartender and sometimes work a split shift where I start work at 10 a.m., off from 2 p.m. to 4 p.m., and then scheduled until 8 p.m. When I come back at 4 p.m., my manager tells me to wait around before starting work because business is slow. Then around 6 he tells me he doesn't need me and that I can go home.

Is he required to pay me while I am waiting around from 4 p.m. to 6 / 7 p.m.?

Thanks,

ScottB
04-22-2007, 04:16 PM
If you came back at 4 PM and he sent you home, no pay would be due you, even though it would be inconvenient to take a two hour break before learning you would not be needed more.

If you must be back at 4 PM, the time clock starts ticking from the time you must be back until you are sent away.

robb71
04-22-2007, 05:21 PM
I agree with ScottB.

The answer would be different if this were an on-call situation where you were permitted to do as you choose until you are called to work.

lisaleewoods
04-23-2007, 02:48 AM
Can you tell me where to look for the regulation regarding this so I can use it as a reference?

If you came back at 4 PM and he sent you home, no pay would be due you, even though it would be inconvenient to take a two hour break before learning you would not be needed more.

If you must be back at 4 PM, the time clock starts ticking from the time you must be back until you are sent away.

robb71
04-23-2007, 03:20 AM
Sure.

What you describe is called "engage to wait". Follow this link for a direct cite from US DOL: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.17.htm.

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