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Paying Employees During Workplace Closures

During snowstorms, hurricanes and other natural disasters, employers sometimes need to close down their workplaces and employees sometimes are unable or unwilling to work. Determining whether employees need to be paid under the Fair Labor Standards Act (FLSA) during these times can prove quite challenging, as there are a variety of factors involved, including:

  • The employee's status as exempt or nonexempt under the FLSA (see Employee Compensation > Employee Classification);
  • The length and timing of the workplace closure;
  • Whether the employee telecommutes or otherwise performs any work from home.