Believe it or not there are times when the law requires an employer to pay its employees when they aren’t working. I know what you are thinking – “Where do I sign up for that job?” Under federal law, an employer is generally required to pay an employee for all work performed. Under wage and hour law, the concept of “work” is a little broader than what most folks consider it to be. The Fair Labor Standards Act defines “employ” as “to suffer or permit to work.” Therefore, there are times when an employee may be required to restrict his or her actions, or “suffer” as a result of their employer’s request or requirement that they be available. Some examples of when you have to be paid not to work are:
If you need additional information on this subject, contact Roman Shaul, a lawyer in our Consumer Fraud Section, who has handled a number of cases under the FLSA.
Source: FindLaw.com (5 Times When You Have to be Paid for Not Working. October
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