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Ask an HR Expert - Answer
Feb 23, 2021 1:56:58 PM
Non-exempt employees: Under the Fair Labor Standards Act (FLSA), employers are only required to pay hourly, non-exempt employees for hours worked. Some states do have laws that require employers to pay non-exempt employees if they show up to work but are sent home or are sent home earlier than scheduled. Employers should check their applicable laws, but otherwise, employers are not required to pay non-exempt employees for business closures.
Exempt employees: Exempt employees almost always must be paid when they work any part of a workweek. The Department of Labor (DOL) provides a list of the instances in which an employer is permitted to dock exempt employee pay, and business closures are not one of the permitted deductions. If an employer sends exempt employees home early or closes for an entire day because of inclement weather or pending natural disaster, an employer is obligated to pay exempt workers for the entire day. The only instance in which an employer is permitted to not pay exempt employees because of inclement weather or a pending natural disaster is when a business closes for an entire week and exempt employees perform no work during that week.
Severe weather can be stressful for employees. The above notes the FLSA requirements, but employers should also plan ahead with appropriate policies and procedures and be ready to communicate resources such as an EAP (Employee Assistance Program).
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