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Employment Law/out of town pay, when you can't work. Due to equipment breakdown.


I work out of state from my home. We work on the railroad. Our truck had to go to a local shop for repairs. While the truck is being serviced, the repair shop has to order parts to fix it. Our company is not paying me and my co-worker any wages to sit at a hotel. We get per-Diem only while waiting. We are hourly employee's and normally work 10 hours a day. Are we suppose to get paid anything during this downtime by law. There's no work we can do without our truck. It will be six days till we get our truck back.

Eric - If you are unable to work, you do not have to be paid.  Can't you take the tools from the truck and rent a car?  Does the truck belong to you or to the company?  If it belongs to the company, do they have another with which to replace the one in the shop?  

You don't have to be paid, but you might want to ask about using some of your paid time off so that you have an income for the time you are waiting.

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Margaret M. deMarteleire


I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.


Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

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