As a large part of the country is faced with an impending winter storm, employers face an equally challenging decision of whether to close their operations for the safety of their employees. This decision can be difficult, and employers must be aware of their legal obligations.
The Fair Labor Standards Act (“FLSA”) requires employers to pay exempt employees their regular salary during business closures caused by inclement weather that last for less than one week. Employers can generally require exempt employees to use accrued paid time off (“PTO”) for a full or partial day weather closure provided the employee still receives their full salary for the week. However, if an exempt employee’s job duties allow for some work to be done remotely, then an employer must allow them to do so pay them their regular salary accordingly.
Non-exempt employees, on the other hand, must be paid for all time worked pursuant to the FLSA. If a business closes due to inclement weather and a non-exempt employee cannot work remotely due to the nature of their job, the employer is not required to pay the nonexempt employee. Employers can, in their discretion, decide to continue to pay employees in those circumstances if they wish to. In addition, employers may allow or require nonexempt employees to use their PTO or vacation days during office closures caused by inclement weather.
If a non-exempt employee decides not to attend work due to inclement weather and the office is still open, the employer can require the employee to use PTO or a vacation day, if available. Otherwise, it would be an unpaid day off.
Employers with businesses affected by inclement weather should take these wage and hour considerations into account and communicate their policies and expectations with their employees ahead of time.
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