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FLSA: Inclement Weather

LIKE SAVE
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.

Read the article:
Winter Storms Bring Flurry of Wage and Hour Questions
SHRM | Dec 2022

Do we have to pay employees when we close our business due to inclement weather?
SHRM HRQA

Inclement Weather and Natural Disasters
SHRM Ask-an-Advisor Chat Transcript

Inclement Weather
SHRM Sample Policy

FLSA2005-41
FLSA2005-46
DOL Opinion Letters

Employment & Wages Under Federal Law During Natural Disasters & Recovery
DOL Fact Sheet

For related SHRM resources, visit our Weather and Natural Disasters Spotlight Page.

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Law Firm Articles
While some of these articles mention a specific type of emergency, the FLSA guidance applies to any type of weather emergency or natural disaster.

4 Risks Employers Should Keep in Mind to Avoid a Frozen Winter
Fisher Phillips | Oct 2022

Weathering the storm: employment law and extreme weather
Ford Harrison | Oct 2022

Understanding Employee Pay During and After a Hurricane
Williams Parker | Oct 2022

How to Create an Inclement Weather Policy for Your Business [+ Example]
Alert Media | Feb 2022



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