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  • Redwood Roofers
    started a topic "Act of God"

    "Act of God"

    We are roofing company located in Northern California. I have read Sections 4(A) and 10(C) of the labor code, and I am wondering if weather (ie rain specifically) would constitute an " Act of God". Often times we will go to work even if it looks like rain, if we show up and I call them off in an hour or two would we be subject to reporting time pay? Thank you.

  • mcarson87
    replied
    Yes, agreed. The DLSE gives a bit of insight into what they consider to be an act of god or other cause that is outside of the employers control in a 1989 opinion letter. http://www.dir.ca.gov/dlse/opinions/1989-03-08.pdf

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  • DAW
    replied
    The key phrase seems to be "not within the employer's control". Of course, CA-DLSE as always gets the last word.

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  • mcarson87
    replied
    I am not aware of anything in writing that is on point with the applicability of reporting time pay in an inclement weather situation. Having said that, I have spoken with the DLSE about this before and they were quick to answer that yes, a rain-out is considered an act of god.

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  • Betty3
    replied
    Redwood Roofers - I'm going to make your question/post into it's own new thread. Please do not post your question to another poster's old thread - in this case one from 2007. Thanks.

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  • mlane58
    replied
    http://www.dir.ca.gov/dlse/FAQ_ReportingTimePay.htm

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  • Redwood Roofers
    replied
    Thank you!

    Would you be able to tell me where in writing I can find this? Thank you very much for your reply.

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  • mcarson87
    replied
    Yes,a rain-out is considered an act of god.

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