Winter weather and the workplace: Navigating the FLSA and employee pay
The Fair Labor Standards Act (FLSA) is major piece of legislation and a cornerstone of U.S. labor law that governs numerous workplace standards and compliance measures.
During inclement weather workplace closures, an employer’s payroll obligations will primarily be based on the worker’s Fair Labor Standards Act classification. Navigating these pay questions in the event of a snowstorm or other inclement weather conditions is a common pain point for employers.
Common questions
- If a company opens an hour late because of a snowstorm, should an employer pay employees who show up earlier because they didn’t hear the announcement?
- What time does the workday end when employees are given the option to go home because of inclement weather?
- What do the payroll laws require if the company is closed for an all-day snow day?
HR professionals should have an understanding of wage and hour laws, including the regular rate of pay, overtime rules, and exempt status criteria. Implementing robust timekeeping and recordkeeping systems, conducting regular audits, and providing employee training are essential HR responsibilities.
When faced with complex wage and hour issues, employers and human resources professionals can seek guidance from the Wage and Hour Division (WHD) of the Department of Labor. The WHD provides resources, regulations, and assistance to employers to help ensure compliance.
To navigate the complexities of the FLSA, employers should:
- Conduct regular audits of employee classifications.
- Stay informed about changes in wage and hour laws.
- Implement robust timekeeping and recordkeeping systems.
- Provide comprehensive training to HR and management staff.
- Seek guidance from legal counsel when necessary.
By understanding the nuances of the FLSA and taking proactive steps to ensure compliance, employers can mitigate risks and maintain a positive workplace culture.
