Inclement Weather and the Workplace: Laws Employers Should Consider

Severe winter storms, flooding, and other inclement weather events routinely disrupt business operations across New York State. While closing early or sending employees home may feel like a straightforward operational decision, weather-related disruptions can trigger a surprising number of legal obligations under both federal and New York law. Employers that do not plan ahead risk costly payroll errors, wage claims, or compliance issues. The following is a brief overview of several federal and New York wage-and-hour laws implicated when weather interferes with normal business operations.

Under the federal Fair Labor Standards Act (FLSA), employers are only required to pay non-exempt employees for hours actually worked. If a business closes due to weather and no work is performed, federal law generally does not require pay. However: 

• Employees must be paid for all time worked remotely (including emails or calls from home).

• Partial day(s) work must be paid for the actual hours worked.

• Unauthorized work that the employer “suffers or permits” must still be paid.

Salary basis rules are stricter. If the employer closes:

• Full week closure: salary may be withheld.

• Partial week closure: full weekly salary must still be paid.

If the business is open but the employee chooses not to report:

• Full-day absences may be deducted from the salaried employee’s PTO/vacation banks.

• Salary deductions are permitted only in limited circumstances.

• Partial-day deductions from salary are not allowed.

• Improper deductions risk destroying the employee’s exempt status.

New York imposes additional obligations beyond its federal corollary. For example, most industries are required under wage orders to provide “call-in pay” when employees report to work but are sent home early. Depending on the applicable wage order, employers may owe for a set number of hours (the lesser of either four hours of pay or the hours of pay in the employee’s regularly scheduled shift at the state minimum wage rate), even if the time is not worked. Within the hospitality industry, non-exempt restaurant and hotel employees who report to work (whether scheduled or called in) must receive at least their “applicable wage rate,” i.e., the regular or overtime rate of pay minus any “customary and usual” tip credit, for at least three hours for one shift, or the number of hours in the regularly scheduled shift, whichever is less. If employees physically report and are dismissed due to weather, this call-in pay may be triggered.

Also, under New York’s “spread-of-hours” requirements, if an employee’s workday exceeds 10 hours from first punch-in to last punch-out (including weather delays or split shifts), employers may owe an additional hour (or more) of pay at minimum wage. Storm-related staggered schedules can inadvertently create spread-of-hours liability.

New York also follows a broad “hours worked” standard. Employers must therefore compensate for:

• Work performed from home during closures.

• Checking systems or responding to messages.

• Required on-call time.

Bottom line, inclement weather decisions are not purely operational – they carry real legal consequences. Federal salary rules, New York’s call-in pay requirements, leave laws, and general safety obligations can all be triggered by a single early closure or delayed opening. Advance planning and clear policies allow employers to protect both employees and the organization when the forecast turns bad.

If you have any questions regarding this article or any Labor or Employment law issue, please contact Ryan T. Biesenbach at (585) 258-2865 or rbiesenbach@underbergkessler.com.