As winter deepens, employers should refamiliarize themselves with wage and hour rules that apply to nonexempt and exempt employees during winter storms.
"Winter weather is stressful. Plan for how you're going to pay to minimize the strain of the moment," said Jesse Dill, an attorney with Ogletree Deakins in Milwaukee. "Generally, employers only have to pay nonexempt, hourly employees when they work, whether remotely or at the facility." On the other hand, exempt employees who are on a salary must be paid for the full week, even if they must miss days due to bad weather, unless a deduction rule applies.
Nonexempt Employees
The Fair Labor Standards Act (FLSA) requires employers to pay nonexempt employees for all hours worked. Therefore, if an office or plant is closed and a nonexempt employee doesn't perform any work, no pay is due, said Sarah Pawlicki, an attorney with Eastman & Smith Ltd. in Toledo, Ohio.
Nonetheless, employees who aren't working but are on call must be paid in certain circumstances, Dill noted. This could be the case if an employer directs employees to remain onsite to wait out the inclement weather and possibly return to work, he said.
Another exception is nonexempt employees who are paid on a fluctuating-workweek basis under the FLSA. "Such employees normally must be paid their full fluctuating-workweek pay for every workweek in which they perform any work," said Megan Janes, an attorney with Fisher Phillips in Fort Lauderdale, Fla.
If nonexempt...
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