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Store Relocation - temporarily closed (Employment & Labor Law)

Wed, 06 Jul 2005 16:25:00 GMT

In New York City, what is the law for paying retail employees if a store is relocating? The old store is closed and the new store is now temporarily closed because the construction isn't finished due to the storeowner's poor planning. Does he still have to pay the employees until the new store ready? How much notice does the employer have to give the employees before he decides not to pay them. He is telling us that until we can begin set up at the new location, he is not paying us? He tells us this after we worked 15 and 20-hour days moving all the stock from one location to another, without overtime!! He only paid us straight time for those 20-hour days. HELP I don't know what to do... :mad:

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  • Wed, 06 Jul 2005 17:02:00 GMT(1)
  • No, the law does not require that the employees be paid during the relocation if they are not working; since it's a relocation and not a closing, WARN does not apply and he does not need to give you any notice that you're not being paid during the time the store is closed. When you don't work you don't get paid. Nothing in the law says otherwise.

    However, if you worked more than 40 hours in the week while you were moving the stock, he MUST pay you overtime. (How many hours in a day you work is immaterial - it's how many hours in a week you work that matters in your state.) If he has not done so, you can file a complaint with the state DOL.
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