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I am Safety Manager a illegle drug found in large workplace

and as the last half...
I am Safety Manager a illegle drug found in large workplace and as the last half of employees were leaving HR made me lock them in without pay. They said I was wrong and would be writen up. do we pay or not ? it was 30 to 45 minutes they stood in the sun when nothing could be done at that time anyway. TX
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Answered in 9 minutes by:
5/9/2013
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,789
Experience: Exclusively practice labor and employment law.
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Hi, thanks for submitting your question today. The Fair Labor Standards Act regulations would dictate that this is paid time. The regulation specifically states:

§ 785.15 On duty.
A stenographer who reads a book while waiting for dictation, a messenger who works a crossword puzzle while awaiting assignments, fireman who plays checkers while waiting for alarms and a factory worker who talks to his fellow employees while waiting for machinery to be repaired are all working during their periods of inactivity. The rule also applies to employees who work away from the plant. For example, a repair man is working while he waits for his employer's customer to get the premises in readiness. The time is worktime even though the employee is allowed to leave the premises or the job site during such periods of inactivity. The periods during which these occur are unpredictable. They are usually of short duration. In either event the employee is unable to use the time effectively for his own purposes. It belongs to and is controlled by the employer. In all of these cases waiting is an integral part of the job. The employee is engaged to wait. (See: Skidmore v. Swift, 323 U.S. 134, 137 (1944); Wright v. Carrigg, 275 F. 2d 448, 14 W.H. Cases (C.A. 4, 1960); Mitchell v. Wigger, 39 Labor Cases, para. 66,278, 14 W.H. Cases 534 (D.N.M. 1960); Mitchell v. Nicholson, 179 F. Supp, 292,14 W.H. Cases 487 (W.D.N.C. 1959))

As you can see from the regulation. The FLSA states it is work time, because the employees are engaged to wait, and cannot use the time freely. Thus, my thought is it these employees would have to be paid for the time.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,789
Experience: Exclusively practice labor and employment law.
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Category: Employment Law
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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