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ARTICLE · 01 SEPTEMBER 2011

Avoid Wage And Hour Tsunami Following Hurricane

Duane Morris LLP
Duane Morris LLP
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Reminder of wage and hour rules:

United StatesEmployment and HR
  1. As a result of the FLSA's salary basis requirement, if as a result of the hurricane, you close for less than a full work week, you must pay an exempt employee for days that you are closed (unless an employee did not do any work for the company in the work week). However, you can require that an exempt employee use PTO during a day in which you close.
  2. If you remain open and an exempt employee does not come to work, you do not have to pay the employee for the day; this can be treated as an absence for personal reasons, provided it is a full day. If an exempt employee arrives late or leaves early, he or she must be paid for the full day, but you can require that he or she use PTO, if available, to cover the non-working time.  You also must pay him or her if he or she works from home.

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