Your entitlement to pay for snow closings depends on state law and whether you are exempt from overtime
You get the good news that your office is closed due to the big (if not as big
as expected) blizzard and you don't need to cross country ski your way
in. While it's great to have a snow day, it's tough if you're living
from paycheck to paycheck. Do you get paid if the office is closed due
to snow?
Whether you're entitled to be paid when the office is closed depends on
whether you are "exempt" salaried or not. I normally say it's best to be
hourly so you can get overtime pay. Many employers intentionally misclassify
employees to avoid paying overtime. While it's great to get overtime
pay, in the case of weather and emergency closings, it's probably better
to be exempt. Here's what you need to know about getting paid during a
weather closing:
Exempt employees: If you're exempt and you worked any
portion of the work week, your employer has to pay your entire salary,
whether or not the workplace is closed for a natural disaster such as
snow, hurricane, or flood. Fair Labor Standards Act
regulations state, "If the employee is ready, willing and able to work,
deductions may not be made for time when work is not available." This
would include natural disasters, so if you are able to work after a
blizzard then you must be paid even if you didn't work any portion of
the week. If you can't get there on time or have to leave early due to
the blizzard but the office is open, they can't deduct for any partial
days you worked.
Vacation time and PTO: The company can deduct from your
vacation time or PTO for the time taken. However, if you have no
accrued vacation or PTO time available, they still can't deduct from
your pay if you're exempt.
Non-exempt employees: If you are non-exempt, then your
employer doesn't have to pay for the time the office is closed. However,
if your company takes deductions and you're a non-exempt salaried
employee it may affect the way overtime is calculated. If you report to
work after a natural disaster, only to find out that the workplace is
closed (assuming they didn't notify you), then your state law may
require some pay.
State by state: New York law and District of Columbia
law require the employer to pay you at least four hours of wages.
Massachusetts and Rhode Island require three hours of pay. New Hampshire
requires two hours minimum pay for showing up. New Jersey and Oregon
laws require the employer to pay you at least one hour of wages. Other states
that have some requirements for pay if workers report for duty as
scheduled include California ( 2- 4 hours) and Connecticut (only certain
industries, 2 – 4 hours). If your state doesn't have such a
requirement, maybe the arctic blast is a good time to talk to your state
legislators about protecting employees.
Who Is Exempt?: You're not exempt unless you fall into very specific categories. For more about whether or not you are correctly classified as exempt, check out my column, Salaried Workers, Do You Get Overtime Pay? Odds Are You Should!
If you're stuck in a blizzard, contact your supervisor or manager as
soon as possible to find out whether or not you're expected to go in to
work. If you can't get in touch with anyone, then only go in if it's
safe for you to do so.
