With Hurricane Ivan wreaking havoc, our thoughts go to those in the path of the ever-strengthening storm. The first priority for all affected is safety, but severe weather does also raise numerous employment law issues. Employers are again reminded that weather can affect your workplace. With hurricane season underway, we have updated this previously published group of tips on how to deal with extreme weather.
Hurricanes, Blizzards, and That Dreaded TORCON Index
At the beginning of another storm season, we have been receiving questions across our offices about how to handle pay for company closings, late openings, and “y’all go home.” Here are some things to consider:
1. Hourly Employees
Pay for hourly employees during weather disasters is fairly simple. Hourly employees must be paid for all hours actually worked. If employees do not come in, are turned away at the door, or are sent home early, the rule is the same – pay hourly employees for hours actually worked.
In this age of remote login, PDAs, and perhaps just running business-related errands while the office is closed, however, employers must beware. Hourly employees must be paid for all time actually worked. This includes time working away from the company’s time clock or login procedure.
Employers are not required to pay “show-up” pay under most state laws, including the southern states. Some northeastern and western states do have show-up pay requirements contained in their state laws. If your business is...
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