Inclement Weather Pay Policies

HR Resource
January 15, 2013 — 1,829 views  
Become a Bronze Member for monthly eNewsletter, articles, and white papers.

Human beings have no hand to control the whims of nature. The recent disturbances in weather, including the cyclones that constantly hit the coastal states, the blizzards, and the snow storms hitting the North bear testimony to this fact. Such disturbances in weather make it difficult to continue with a satisfactory working ambience in the factories and workplaces. Most companies are forced to shut down during such inclement weather. But, some companies do try and keep their work units open, albeit in a much smaller set-up at such adverse times. Most workers get their wages as per the standard wage laws during such times of inclement weather.

Payments When Company is Closed Due to Bad Weather

There are many rules and regulations to determine the wages that the workers will get during times of unfavorable weather conditions when more than often the companies are forced to either shut down or minimize their operations. For instance, under the Federal Labor Standards Act (FLSA), the employees who work on an hourly basis will not be paid for the days when their office remains closed due to bad weather. Often if one is lucky enough to have a generous employer, he or she can expect to substitute a vacation day to compensate for a day lost due to bad weather; however, the employer is not at all bound by laws to adhere to this.

Payments When Company Stays Open during Inclement Weather

The FLSA also states that those employees, who work on an hourly basis, shall have to be paid for the number of hours they put in at work. Some states have rules that state if an employee does not report to work in times of a declared emergency situation, he will not be paid, but he cannot be penalized for it.

Pay for Exempt and Non-Exempt Employees

As per the wage laws set by the FLSA, the non-exempt employees are paid only for the time that they put in at work. If business remains closed, they are not paid any salary at all.  However, the exempt employees are at a much better stand.

Such employees, who draw regular salary and have been on the employee payroll for at least the past four months, are entitled to draw their full salary even in times of business closure due to bad weather. Also, the employee, who is willing to work on a particular day and has worked for the company in the last four months, is also entitled to each day’s pay even though there may be no work for him.

Such exempt employees will draw the entire weekly salary even if they work for only a part of the week. They are also eligible to draw their daily salary if they work from home instead of coming to office during the inclement weather. The FLSA wage rules permit this. Exempt employees might be punished for not reporting to work on time, but they should be paid.

The payment rules for different categories of employees in times of inclement weather vary from state to state. But the underlying uniformity in considering the welfare of the workers is taken care of by the wage laws.

HR Resource