Paying Employees During Inclement Weather
January 22, 2016
“Fair Labor Standards Act
Non-exempt employees only get paid for hours worked. Therefore, if the office is closed for a snow day and the non-exempt employee does not work, the employee does not get paid. Easy peasy. However, if that employee works remotely, then the employee should get paid for that time. So, ensure that you either: (a) instruct your non-exempt employees not to work remotely; or (b) remind your non-exempt employees who work remotely to accurately track their time. [Note: if a non-exempt in the first category ignores your instruction not to work remotely, you still have to pay that employee. However, you can also discipline that employee too]. Additionally, if a non-exempt employee is required to remain “on-call,” you must pay that non-exempt employee (unless the employee can use that time for their own personal benefit).
Exempt employees who performed any work during the week in which the office is closed for a snow day get paid their full wages for the week. If the exempt employee has accrued some paid time off, you may require the exempt employee to use PTO for the snow day. However, if the exempt employee has no accrued PTO, you cannot dock pay. Deducting an exempt employee’s wages may convert that employee’s status to non-exempt, and expose you to liability for overtime.”
This excerpt was originally part of a blog post by Eric B. Meyer. You can read the entire post at http://www.theemployerhandbook.com/2016/01/handle-fmla-flsa-snow-day.html