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Is paying a lifeguard when it rains required? New York

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  • Is paying a lifeguard when it rains required? New York

    It is required to pay a lifeguard in NY for the time when it rains? Even if the lifeguard is not working at that time.

  • #2
    Is the lifeguard required to stay on the premises? What is he doing during the time he is not working?

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    • #3
      ^ the lifeguard is not required to stay when it is raining, since when it's raining the pool is closed and there is no need.

      But what if it rained the whole summer, and the lifeguard just paid the $400 to get certified and didn't make any money.

      Can someone direct me to the statute that is relevant.

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      • #4
        Originally posted by arthurlaw View Post
        But what if it rained the whole summer, and the lifeguard just paid the $400 to get certified and didn't make any money.

        Can someone direct me to the statute that is relevant.
        The lifeguard should consider relocating to Central Texas, where it hasn't rained since last October...

        Seriously, those who undertake to work when and where the weather prohibits working, in lifeguarding, construction, baseball, etc., do so at their own risk.

        There is no statute that addresses lifeguarding and rain outs. There is a law that says employees must be paid for the time they work, under the direction and control of the employer.

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        • #5
          Originally posted by Texas709 View Post
          The lifeguard should consider relocating to Central Texas, where it hasn't rained since last October...
          I guess the Texas Rangers are not in Central Texas (I really have no idea where things are in TX). My team (Oakland) had a rainout there earlier this year that they made up last week. Last week's games were more typical for what I remember for Ranger's home games, very hot, humid and windy.

          Past that, agreed with the other answers. Labor law is mostly directed at hours worked. IF the employer requires the employee to remain on site until the rain finishes, that is hours worked, because the employer is controlling the employee's actions. But as long as the employee can just leave when it rains, the employer is legally off the hook at that point. This is very black letter law.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            Agree with the other answers. The employee only has to be paid for "time/hours
            worked."
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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            • #7
              Oakland v. Rangers

              Originally posted by DAW View Post
              I guess the Texas Rangers are not in Central Texas (I really have no idea where things are in TX). My team (Oakland) had a rainout there earlier this year that they made up last week.
              David, you're correct that the Rangers aren't in the central part of the State. They're about 200 mi north of us, and they've had some rain, although not much. We normally get 34-36" of rain in a year, and we have had 9.5" in the past 12 months. We might as well be in Midland/Odessa!

              In part of my misspent youth, I was able to go to the old Rangers park (a converted Texas Leage field), and I spent a fortune ($5) for a seat behind the 3rd base dugout for one game, rather than the $2 bleacher seats I usually occupied. I watched Vida Blue throwing heat for Oakland, and Fergie Jenkins throwing his alleged spitter for the Rangers. Ten innings of one hit ball, finally decided on a squeeze play in the bottom of the 10th. Priceless!

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