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Wages in a winter wonderland: Pay challenges during inclement weather

February 2025 employment law letter
Authors: 

Mark C. Dean, Steptoe & Johnson PLLC

During severe weather, some businesses may close for safety, convenience, or one of many other business reasons. Others, such as healthcare providers, provide critical services and often have to remain open to the best of their ability when winter strikes. For these critical employers, adequate staffing is essential, and that sometimes means employees must remain on the employer’s premises to ensure they’re available for their next shift or to cover for employees who can’t make it. Tardiness and/or absenteeism is an issue any employer will likely face.

No matter what business you’re in, inclement weather and/or treacherous road conditions cause many headaches, including issues with employee payroll. Let’s explore what the Fair Labor Standards Act (FLSA) requires when Mother Nature plays mischief.

What to do when employees are absent or tardy

For most FLSA-related inquiries, the critical question is whether the employees are exempt or nonexempt from the Act’s requirements.

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