How to Manage UI Cost Effectively
Q & A 
Edition 11

April 15, 2015

If an employee misses work due to bad weather conditions, am I required to pay them for the absence?

This depends on the employee's exempt or non- exempt status.  Under FLSA, employers are not required to pay non-exempt employees for hours they did not work, including if the office is closed due to inclement weather.  In most cases, exempt employees must be paid their full salary amount for any work performed during the work week.  However, if an employer remains open during a period of bad weather, they may make deductions for full-day absences only from the salary of an exempt employee that has decided to not come in because of the inclement weather.  Should the business be closed for the day, the employer may not deduct the day's pay from the salary of the exempt employee.

Can an employee be required to perform work outside of the employee's job description?
Yes. The Fair Labor Standards Act (FLSA) does not limit the types of work employees age 18 and older may be required to perform. However, there are restrictions on what work employees under the age of 18 can do. This is true whether or not the work asked of the employee is listed in the employee's job description.

 

Where can I find information on Fair Labor Standards Act (FLSA) exemption for executive, administrative, professional and outside sales employees? 


Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee's specific job duties and salary must meet all the requirements of the Department's regulations.

What notices must be given before an employee is terminated or laid off? 
The FLSA has no requirement for notice to an employee prior to termination or lay-off. In some situations, the WARN Act provides for notice to workers prior to lay-off. Some states may have requirements for employee notification prior to termination or lay-off.

 

 

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