Despite the spread of remote work, clear inclement weather policies can reduce workflow disruption and ensure wage and hour compliance for many businesses.
“All employers with brick-and-mortar facilities should consider establishing inclement weather policies, especially if there is any requirement to work in the office,” said Joe Mulherin, an attorney with McDermott Will & Emery in Chicago. “Creating inclement weather policies helps prevent confusion among employees and can potentially reduce disruption to business operations.”
Some employers whose employees are remote have removed inclement weather policies or revised them to explain what workers should do if they lose internet or power at their remote work location, said Chuck McDonald, an attorney with Ogletree Deakins in Greenville, S.C.
As for employers whose workers have returned to the office full time, they should consider adopting a remote work policy, even if it is limited to inclement-weather days when the office is closed, Mulherin recommended.
Exempt Employees
Fair Labor Standards Act (FLSA) rules are different depending on whether an employee is an exempt employee or a nonexempt worker who is eligible for overtime.
When an employer closes for less than a full workweek because of a storm, the FLSA requires the organization to pay an exempt employee for the days it is closed, noted Jonathan Segal, an attorney with Duane Morris in Philadelphia and New York City. However, the employer can generally require...
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