You’re Damned if You Don’t Have the Right Inclement Weather Policy

Posted: January 22, 2013 in Personnel Policy Fun, Wages, Overtime, Commissions and Pay Issues

Who would think that something as basic as a snow day policy could land you in trouble with the feds.   But having the wrong inclement weather policy could cause your company to underpay exempt employees, which would be a violation of the Federal Labor Standards Act (“FLSA”).  Generally, a truly exempt employee (a topic for another day), must be paid her weekly salary, even if you send her home early, or close the office for a day due to bad weather.

Massachusetts state law is also implicated for salaried and hourly employees.  If an hourly employee shows up to work, they have to be paid for at least three hours of work.  Even if you decide to close the office, you still must pay the minimum.

The above is obviously just a quick overview of how wage and hour laws can interact with inclement weather policies.  If you need to review this situation for your business, give me a call.  As always, this blog contains general information, not legal advice.

By Adam P. Whitney, 617.338.7000

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