HR CORNER – JANUARY, 2019
By Lois A. Krause, Practice Leader, HR Compliance, KardasLarson, LLC
As the Winter season ramps up and the snow begins, some questions about paying employees in inclement weather closings may arise. Pay obligations may differ during inclement weather closures but are primarily based on the worker’s Fair Labor Standards Act (FLSA) classification.
Nonexempt employees: Under the FLSA, employers are only required to pay hourly, nonexempt employees for hours worked unless there are some special, “report-in” or “call-in” circumstances. If you have a “Call-In” situation, or “Report-In” situation (like snow removal personnel) there are some other rules you must follow.
Exempt employees: Exempt employees (what most people know as “Salaried Employees”) must almost always be paid when they work any portion of a workweek, including situations of inclement weather. The only time you may not pay exempt employees because of inclement weather is when a business closes for an entire week and exempt employees perform no work during that week. Be very careful here though, if they work from home, you could be liable for payment.
For the full discussion on this topic, please click the link here: https://kardaslarson.com/flsa-obligations-bad-weather/ to our website to read the whole article. If you have any questions about this, or other compliance issues, give us a call at KardasLarson, and we will be happy to help you navigate through the “sea of uncertainty”.