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Wage and Hour Requirements in Bad Weather

With winter upon us, many workers miss work or arrive late due to bad weather conditions. Do you know your company’s policies if you’re late as the result of bad weather, or if your company closes unexpectedly? Understanding your rights to pay as a worker under all conditions is important. If you have question concerning your pay, or believe that you have not gotten all the compensation you deserve, it is a good idea to consult with an experienced Atlanta wage and hour attorney right away.

For example, do you know if you are entitled to pay if your business unexpectedly closes for the day? It most situations, it depends on whether you are exempt or non-exempt. Exemptions are rules that state that if you make more than a certain amount of money per week, and if you perform a certain type of “white collar” work, then you are exempt from the overtime laws, and your employer need not pay you time and a half no matter how many hours you work in a week. If, however, the exemptions do not apply to you, then you are considered non-exempt, and your employer must pay you time and a half for every hour you work more than 40 in any workweek.

If a company closes as the result of bad weather, in most situations non-exempt employees would not be entitled to pay. However, if a non-exempt worker shows up and is then sent home, the worker is entitled to be compensated for the time he or she spent at work before leaving. In certain circumstances, state law provides that workers who show up to work and are sent home must be paid a certain minimum compensation. You’re not out of luck though, you may be entitled to paid time off if you take those days off.

Similarly, if an employee chooses to stay home because of bad weather or a school closure, whether that worker is entitled to pay again depends on if he or she is exempt v. non-exempt. Typically, non-exempt employees will not be entitled to pay.

Whether an exempt employee is entitled to pay is a more complex question. If your company has a bad weather policy it’s a good idea to review the policy before you need to use it. Further, if you find yourself working from home as the result of bad weather make sure to keep track of the time spent working. Depending on the circumstances, including whether or not you’re exempt, you may be entitled to compensation for all time worked.

For more information on pay or if you believe that you have not paid for all time worked, please contact the highly experienced Georgia wage and hour attorneys at Buckley Bala Wilson Mew LLP, LLC for an immediate case evaluation.

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