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FLSA requirements when the office is closed due to weather events

When your business closes for weather-related events, such as power outages, and sends employees home for the day, there are two sets of rules for paying employees depending upon their classification under the Fair Labor Standards Act (FLSA).

Non-exempt employees (eligible for overtime)

  • If non-exempt employees are told in advance not to come to work and do stay home, you are under no obligation to pay them for the time off under federal or state law. You and the employee can mutually decide to use accrued paid time off to compensate the employee for the missed workdays.
  • Under certain state laws, you may have an obligation to compensate nonexempt employees if the employees were not advised that they should not report to work, and were denied work upon arrival.

Exempt employees (salaried)

  • Under the FLSA, employers may not make salary deductions for absences that result from partial-week closings due to weather-related emergencies or disasters.
  • Exempt employees must be paid their full salary if they perform any work in a workweek, and only miss work due to the employer’s closure of operations.
  • Closures for a full workweek need not be paid if no work is performed.

For more information, contact us.

Posted in: HRvest
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