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FLSA: Inclement Weather

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.
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?

Inclement Weather
SHRM Sample Policy

DOL Opinion Letters

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

Law Firm Articles

Time Is Money: A Quick Wage-Hour Tip on … Inclement Weather Pay Obligations
Epstein Becker | Feb 2024

When Stormy Weather Closes Your Business, Do You Still Have to Pay Your Employees?
Bean Kinney | Jan 2024

Let’s revisit how to handle FMLA and FLSA for a snow day office closure.
Pierson Ferdinand | Jan 2024

Time to Check Your Year-End Wage and Hour Compliance
Amundsen Davis | Dec 2023

Employers Under Fire: How to Address Employee Pay and Related Issues When Faced with Natural Disasters
Sheppard Mullin | Sep 2023

Bad Weather And The FLSA—The Difference Between Exempt And Non-Exempt Workers
Fox Rothschild | Mar 2023


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