Snow Days, Weather Delays, and Employee Pay

By Lehr Middlebrooks Vreeland & Thompson, P.C.

December 23, 2019

It’s the time of year to consider an employer’s obligations to pay exempt and non-exempt employees when reporting to work is delayed or the employer is closed due to weather issues. The following summary is intended to give employers a general overview of how to address these matters:

1. Exempt employees when the business is closed. When the workplace is closed, the employer may not dock the lost time from an exempt employee’s pay. The employee is prepared and willing to work but may not do so because the employer has made the decision to close. Only if the business is closed for a full workweek may the business be excused from paying an exempt employee in this circumstance.
2. The business is open but exempt employees cannot get to work. If the business is open but the exempt employee cannot attend work that day, the Fair Labor Standards Act permits the employer to dock the employee for a full day absence. If the exempt employee reports to work or works remotely for any portion of the day, the employer may not deduct any of the exempt employee’s pay.
3. Exempt employees – working from home. Let’s assume that the business is closed for the day, but exempt employees make calls and respond to emails from home. In that situation, the employee is working and the employer may not dock the employee’s pay.
4. Non-exempt employees – business is closed. In that situation, the employer may refrain from paying the employee for that day. Employers may choose to let employees use that day as a vacation or PTO, but pay is not required.
5. Non-exempt employee shows up to work and then the business closes. Under the FLSA, the employer is only responsible for paying the employee for actual time worked. However, from an employee relations perspective, employers may choose to pay an employee for the full day or at least a half day if the employee is sent home shortly after reporting to work.
6. Standby on the premises/on-call. If an employee is asked to remain on the premises yet not work, remaining on the premises at the employer’s request is considered compensable. If the employee is asked to be available for a call-out but the employee is not restricted, such as required to remain at home, generally, on-call pay is not compensable.
7. State and local law. There are some jurisdictions where non-exempt “reporting pay” is required. There are very few jurisdictions with this requirement, but it is something to consider. If reporting pay is not required, still consider it from an employer relations perspective.