How Do You Guys Handle Rain Days With Employees? - Business - Contractor Talk

How Do You Guys Handle Rain Days With Employees?

 
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Old 07-29-2012, 03:54 PM   #1
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How Do You Guys Handle Rain Days With Employees?


How Do you guys handle rain days with the crew when showing up to the job site and it starts raining. Or if they work a few hours and then it rains? In this case, i still pay them for the hour.

For the past few days, i been letting the guys leave 2-3 hours early because of rain and they still receive days pay. I know im losing like this, but i need to figure out something reasonable.

I'll have to have a discussion with them about it.

Should i have to pay the guys during rain delays? Lets say i decide to ride it out and it was only a passing shower? I could easily call it off, pay up the time worked, and call it day, but in the end, we both lose.
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Old 07-29-2012, 04:00 PM   #2
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Re: How Do You Guys Handle Rain Days With Employees?


If I tell them to show up and there is no work I would pay 2 hours. If they show up and work 2 or more hours I would pay for hours worked. The best thing is to watch the weather and let them stay hom and pay nothing for a day not worked.

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Old 07-29-2012, 04:02 PM   #3
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Re: How Do You Guys Handle Rain Days With Employees?


When I had a large crew and we got rained out i payed them only the hours they worked. Unless it was less then four hours then id bump it up to four. It is what it is.
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Old 07-29-2012, 04:06 PM   #4
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Re: How Do You Guys Handle Rain Days With Employees?


we used to bank hours but that has it's own issues
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Old 07-29-2012, 04:11 PM   #5
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Re: How Do You Guys Handle Rain Days With Employees?


What is this rain you speak of?
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Old 07-29-2012, 04:42 PM   #6
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Re: How Do You Guys Handle Rain Days With Employees?


I do half day and full day pay only..doing hours is too much hassle...and always causes issues..

i feel it works out for the best..they can work to get done early and still make their pay..

if a shot day happens and only get 2 -3 hours..they get half days pay..

keep it simple..
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Old 07-29-2012, 04:51 PM   #7
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Re: How Do You Guys Handle Rain Days With Employees?


Quote:
Originally Posted by Tom Struble
we used to bank hours but that has it's own issues
I had a guy i worked for tell me he wanted me to "bank" hours. I said bank? I have a bank, they cash my checks, give me my money.
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Old 07-29-2012, 04:55 PM   #8
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Re: How Do You Guys Handle Rain Days With Employees?


yea ah something like that
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Old 07-29-2012, 04:55 PM   #9
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Re: How Do You Guys Handle Rain Days With Employees?


Quote:
Originally Posted by summithomeinc View Post
If I tell them to show up and there is no work I would pay 2 hours. If they show up and work 2 or more hours I would pay for hours worked. The best thing is to watch the weather and let them stay hom and pay nothing for a day not worked.
Thats exactly what I do
Least 2 hours pays for their gas and back
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Old 07-29-2012, 04:57 PM   #10
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Re: How Do You Guys Handle Rain Days With Employees?


if i send them home. i pay them for the day. but if i start getting attitude from employees. i pay them by the minute!. when i hire someone i tell them from day one. if you're fair to me. i'll treat you fairly. if u become a d**k I can be a bigger one!
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Old 07-29-2012, 05:51 PM   #11
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Re: How Do You Guys Handle Rain Days With Employees?


Quote:
Originally Posted by TxElectrician View Post
What is this rain you speak of?
Funny....

Sorry about all the rain we are getting in the NE, wish I could send some your way.


Already got rained out twice on this last project. Set up, started making noise and had to scramble and break down. I pay my guys for hours worked, but it's always at least 3 hours. It is what it is and that's how it goes in this line of business with exterior projects.
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Old 07-29-2012, 08:25 PM   #12
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Re: How Do You Guys Handle Rain Days With Employees?


If i tell them to stay home, no pay. Part of construction.

If I have them come in, I pay them for a few hours regardless. I usually have work for them in the shop or indoors though. If Im paying, I do my best to get something for my money.

Last edited by Jaws; 07-30-2012 at 12:40 AM.
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Old 07-29-2012, 09:11 PM   #13
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Re: How Do You Guys Handle Rain Days With Employees?


I pay 1 hour minimum for showing up. This puts the pressure on me to make the right call. I think I have paid out the hour for no work maybe twice. Where I use to work, we would get diddly. Sometimes we would work in pouring rain for an hour, go home, then get called back in later. My policy is you may get soaked once, but I will never make you come back the same day.
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Old 07-29-2012, 09:29 PM   #14
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Re: How Do You Guys Handle Rain Days With Employees?


You guys got it made in other states, here on the left coast we have to pay a minimum of three hours if they show up.
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Old 07-29-2012, 10:29 PM   #15
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Re: How Do You Guys Handle Rain Days With Employees?


The problem is that the commute is 35 mins . Then it takes 20 mins to setup and get ready .
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Old 07-29-2012, 10:52 PM   #16
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Re: How Do You Guys Handle Rain Days With Employees?


Rain gear A little water never hurt nobody
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Old 07-30-2012, 12:39 AM   #17
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Re: How Do You Guys Handle Rain Days With Employees?


My understanding is that the rules are different depending on whether the employee is paid on an hourly/piecework basis or on a daily/weekly basis. The plus side with daily/weekly salary is that employers are not obligated to pay overtime. The flip side is that the employer is supposed to pay for a full day's work during a rain day if the employee had shown up to work.

Quote:
Code of Federal Regulations - 29 CFR 541.602 - Salary Basis
If the employee is ready, willing and able to work, deductions may not be made for time when work is not available.
The other option is for the employer to not call the rain day and shut down the job; but instead leave it to the employees to take an unpaid personal day. This, however, can be a slippery slope with respect to employer liability if the employees feel they are being "forced" to work in unsafe conditions because they will have their pay docked if they don't work. This goes not only for working outdoors during the rain, but also getting to and from work during unsafe weather conditions such as a snow or ice storm.

Coincidentally, there was a landmark law case in California that was upheld on appeal just this past May (court ruling published June 12, 2012).

Quote:
Brannan v.Lathrop
While working for a masonry subcontractor at a school construction site, Brian Brannan slipped on wet scaffolding and injured his back. He sued the general contractor, Lathrop Construction Associates, Inc. (Lathrop), alleging his injuries were caused by Lathrop's negligence in sequencing and coordinating construction work at the site, and failing to call a "rain day" to protect workers from dangerous conditions caused by slippery surfaces.
Lathrop Construction successfully defended themselves only because they were the general contractor and not the masonry sub-contractor. As they were not the direct employer of the injured worker, they were not held responsible for his work schedule or his safety. This case shows the possibility of being sued exists. Plus the fact that the case was settled on a "technicality" indicates that no clear legal precedent has been set as to whether an employer would be held negligent or not for failure to declare a rain day.


(While the above is quoted from the USA Federal Labor Code and refers to a California court case; my understanding is that, in general, the rules are similar throughout the USA and Canada.)
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Old 07-30-2012, 01:15 AM   #18
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Re: How Do You Guys Handle Rain Days With Employees?


Although what Astrix has said may be true we all know that the ones that can't cut the mustard or in this case rain will be the first to go when it slows down. Here we have parts of the island that are tropical rain forest and with out rain gear nothing would get done Just like I could never work in the snow I know it's just a fact of life for a lot of yous guys
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Old 07-30-2012, 01:32 AM   #19
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Re: How Do You Guys Handle Rain Days With Employees?


Rain days? lol here if people stopped working if it was raining nothing would ever get done... we work in the p#ssing rain in the middle of winter..as mentioned above warm clothes and raingear..work will go a bit slower in the rain but can still be done.. (although i'm an inside guy now)
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Old 07-30-2012, 01:48 AM   #20
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Re: How Do You Guys Handle Rain Days With Employees?


Quote:
Originally Posted by Dirtywhiteboy View Post
..... we all know that the ones that can't cut the mustard or in this case rain will be the first to go when it slows down.
And rightfully so.

I didn't mean to complicate the discussion on a topic as simple as a rain day. I brought up the Labour Code and the California court case because, unfortunately, our lives are governed by rules and regulations, many of them lopsided and bent on making life more difficult than necessary. While most of us have no control re making the rules and we can't change them; I believe that by knowing them, then one can figure out how best to proceed, either "within" those rules or "around" them.

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