Toll Free: 877.880.

4477
Phone: 281.880.6525

Prepare Your
Workforce Now For
the Next Weather
Emergency

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To some extent, extreme, or inclement weather is in the eye of the beholder.

To a 20-year-old who recently purchased a four-wheel drive SUV, a foot of
snow or six inches of rain will probably be viewed as an opportunity for an
adventure, and not a reason to stay home from work. An older employee who
commutes by bus will have a different opinion.

It's crucial, therefore, to begin your plan

by picking the right individual to decide
when employees should come to work,
not come to work, or do so at their own
discretion. The person designated for the
role should be given clear guidelines to
help in those borderline situations.

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Some smaller companies take the simple approach of piggybacking on the

decision made by a large local employer. Of course, during your busiest times
you might have to pivot and continue operations regardless of what others do.
In a slow season, you might be inclined to have a more relaxed standard.

School systems have well-established weather-related cancellation or delayed

opening policies, but those decisions might be based on criteria not applicable
to you. For example, if several school parking lots haven't been plowed, a
system might close the schools or have a delayed opening, even if the streets
are clear.
If possible, it's better to piggyback on the decisions of a large employer with
criteria more like your own.

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Employee Safety Comes First

Obviously your company has a profit motive, nevertheless, whoever makes
the call to close or not close must have employee safety in mind. It's unlikely
that a court will hold you liable if an employee was injured while commuting
to work in inclement weather conditions. But naturally you don't want to put
employees in harm's way if you can avoid it.

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Chances are, if your company must shut down due to weather conditions,
you'll still have to maintain at least a skeleton crew for vital operations.
Therefore, establishing separate weather policies for essential and
nonessential personnel will spare you from having to make those decisions on
the fly.
Also, you'll need a plan for notifying employees when the decision is made to
keep the doors closed. Systems include website postings, social media, phone
trees and recorded messages. In addition, you should have a procedure in
place for employees to let you know when they can't make it in even when
you have decided to keep your doors open.
Having multiple communication systems can help in cases where the power is
out and, for example, Internet access is not possible.

Finally, depending on the nature of their jobs, many employees may be able to
work from home if they can't make it out. Determine in advance who those
employees are and how they should carry out their responsibilities.
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Who Must be Paid During a Closure?

What about paying employees who are forced to stay at home and not work?
In general, you're required to pay nonexempt employees only when they
actually work. However, in several states, if nonexempt employees report to
work or if they've prepared to report to work, employers are obligated to pay
them for a minimum number of hours. This is true even if the company
decides to shut down. Among those states are California, Connecticut and
Massachusetts.
In Massachusetts, if the employee was scheduled to work for three or more
hours, that employee must be paid no less than minimum wage for at least
three hours. Check with your state to find out what is required.

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Exempt Employee Pay

It's a different story for exempt employees. Under the Fair Labor Standards
Act, if exempt employees are ready, willing and able to work but work is not
available due to conditions such as a weather emergency no deduction
from salary may be made. However, if the conditions last at least an entire
week, employers are not obligated to pay those workers.

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Also, during a weather-related shutdown, you can count the time exempt
employees are unable to work against accrued paid leave they may have
coming to them (according to Department of Labor Opinion Letter FLSA200541). If they don't have sufficient accrued leave to cover the time, you may
need to advance them the leave against time they will accrue in the future.
Why should you do this? If you dock an exempt employee's pay for any
reason, that could undermine his or her exempt status, presumably an
outcome you want to avoid.
In a weather emergency or natural disaster situation, the last thing you want
to worry about is the nuances of federal or local wage regulations. Consult a
qualified expert and incorporate the appropriate rules into your emergency
plan. With any luck, you'll never have to put it in place.

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14550 Torrey Chase Blvd., Ste. 360 Houston, TX 77014 USA

Toll Free : 877.880.4477
Phone : 281.880.6525
Fax
: 281.866.9426

E-mail : info@hrp.net

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