The FLSA requires that all non-exempt (also known as “hourly”) employees be paid at least the minimum wage for all\u00a0hours worked<\/em>.\u00a0 If non-exempt employees miss work because of inclement weather (either because the company is closed or because they are unable to make it into work), there is generally no requirement to pay them, regardless of the duration of the absence. However, some employers choose to voluntarily pay non-exempt employees if the business is closed due to inclement weather.<\/p>\n Other options, dependent upon applicable state law, include allowing non-exempt employees to:<\/p>\n It’s important to remember that non-exempt employees must be paid for all the time they actually worked plus any time they report to work and are required to stay until a decision about closing is made.<\/p>\n Note:<\/strong>\u00a0There is no requirement at the federal level for employers to pay non-exempt employees a minimum number of hours if they report to work but there is no work available due to weather or related circumstances. However, some states do have such a requirement (commonly known as “report-in pay”), although exceptions typically apply when operations are halted due to public utility failures. Check your state law to ensure compliance.<\/p>\n Exempt Employees:<\/strong><\/p>\n Background:<\/em><\/p>\n The FLSA provides certain exemptions from its minimum wage and overtime requirements for employees working in a bona fide executive, administrative, or professional capacity. These employees are known as exempt employees.\u00a0Note:<\/strong>\u00a0very specific salary and duties tests must be met for an employee to be considered exempt.<\/p>\n Exempt employees must receive their full salary in any workweek in which they perform any work (regardless of the number of hours worked), provided the employee is “ready, willing, and able to work.” Deductions are permitted only in\u00a0very<\/u>\u00a0limited circumstances, such as when an employee is absent for one or more full days for personal reasons other than sickness or disability.<\/p>\n Company Closes Operations:<\/em><\/p>\n If the company\u00a0closes<\/em>\u00a0because of inclement weather for less than a full workweek, the employer must pay an exempt employee his or her full salary, as long as the employee worked any part of the workweek.<\/p>\n <\/p>\n\n
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