I have a question about time we pay to our construction workers if we have a rain out and are unable to work. If I schedule the men to work today, they come in to the shop at 6:00am, then it rains and we are unable to work in the rain; we have a policy that we pay 3 hours for rain out. My question is, if by the end of the work week, they work over 40 hours and get in to overtime, is the 3 hours rain out time paid as straight time, like you would for say, holiday pay? This has never come up before but it look like it might this week. Thank you in advance for any responses.

Pay for time not worked does not need to be considered when calculating overtime. So, if you paid them 3 hours on Monday due to a show-up/rain-out, then they worked 40 hours for the rest of the workweek, you don't owe overtime. You're doing more than the law requires.

That's what I thought. Thank you! Have a great day :D

That is good to know. Now is that nationwide or just state by state?

Federal law does not require the inclusion of paid but unworked time in the calculation of overtime. While a state *could* implement a law which required an employer to include such paid but unworked time in their calculations, no state has done so.

So until such time as some state implements such a law, it is nationwide.