Wage And Hour Considerations During Weather-Related Emergencies

As Tropical Storm Harvey continues wreak havoc across Texas and beyond, it's the right time to revisit employer rights and responsibilities during a weather-related emergency or other major disruption. Here are some typical scenarios that employers face during weather-related or other emergencies, and the consequences under the wage and hour laws.

"Our office was closed for a few days because of the storm. Do we have to pay our employees for those days?"

Non-exempt (i.e., overtime-eligible) employees generally have to be paid only for hours they actually work. So if a non-exempt employee cannot work because your office is closed—or because the employee cannot make it into the office because of weather-related conditions—the wage and hour laws do not require you to pay the employee for non-working time. On the other hand, a non-exempt employee who performs work remotely (say, from home, from a temporary site, or from a coffee shop) is entitled to pay for the time