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If I am off the clock, can an employer make me stay? Nebraska

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  • If I am off the clock, can an employer make me stay? Nebraska

    Here is the situation...
    Our work is weather pending. If we start the day out raining our employer will ask us to not clock in until it stops raining but we must remain on the premises inside the break room until further notice. Also, if we start the day out sunny and then it begins to rain we are asked to clock out and wait until further notice inside the break room. We cannot leave we cannot do anything but wait for the ok to start back up again on the clock. I live in Nebraska and I know from working in other states this is illegal. Any advice? Also, can anyone provide documentation if this is a law. I've searched hi and low through NE laws but cant come accross anything pertaining to this issue.

    Thanks for your time and help!

    e

  • #2
    http://www.dol.gov:80/whd/regs/compliance/whdfs22.htm

    An employee who is required to remain on call on the employer's premises is working while "on call." An employee who is required to remain on call at home, or who is allowed to leave a message where he/she can be reached, is not working (in most cases) while on call. Additional constraints on the employee's freedom could require this time to be compensated.

    You might want to read entire link.

    It seems you should be paid for your time. They can require you to stay but you need to be paid.
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