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No pay for shut-down in iowa

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  • No pay for shut-down in iowa

    I live in Iowa and work at a small restaurant with less than 10 employees.
    My employer is shutting the restaurant down from December 24 through January 6 so they can go on vacation, which in turn leaves all employees with no pay for those 2 weeks. We will not receive any compensation for loss of wages just as we do not receive any for the time that they shut down because they are not busy or the weather is bad. We receive no benefits through this employer such as paid holidays, paid vacations, sick leave, or raises. I have worked here for 3 years and I feel that it is wrong of our employer to not pay us for this two week shut down. My question is: Can she legally get by with not paying us some time of compensation? No one works full time so we can not file for unemployment. How do I find out any info on this situation?:

  • #2
    I'm only replying because it's been a few hours and the regulars haven't gotten to your question yet.

    My question is: Can she legally get by with not paying us some time of compensation? Yes, if you are all non-exempt, no work = no pay

    We receive no benefits through this employer such as paid holidays, paid vacations, sick leave, or raises. Nice to have but not required

    No one works full time so we can not file for unemployment. This is the one I'm not sure about, If this is your only source of income be it part time or full time I don't see why this wouldn't be considered a lay-off and I would think you could file for some benefits.

    I'm sure one of the others would be along soon to clarify.
    "Pluralitas non est ponenda sine neccesitate'' - Sir William of Ockham, a.k.a. Ockham's Razor

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    • #3
      She has no legal obligation to pay you when you don't work, whatever anyone here might think she "should" do.

      You are free to file for unemployment and see what the state says.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

      Comment

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