Millions of Floridians missed work to prepare for or evacuate from Hurricane Irma. Employers wondered if they needed to pay employees when their business was temporarily closed.
While the Fair Labor Standards Act doesn’t have an “inclement weather” clause, the answer depends on the employee’s pay structure.
Employers generally aren’t required to compensate hourly employees for storm-related absences.
Certain salaried employees, including those working a fluctuating schedule, may be entitled to continued compensation during portions of the businesses’ closure to maintain their exempt status.
Employers should review pay policies for compliance with applicable laws before another hurricane threatens Florida.
– Steve Bernstein, Fisher Phillips