A few short weeks ago we were digging out from under piles of snow yet just a few days ago many of us were in shorts and enjoying the warm weather. As Mother Nature reminds us that we are still several weeks away from spring it is a good time to remind everyone about the rules for compensating employees for weather related absences.
New York law provides "show up pay" to employees who show for work but are sent home early. The "show up pay" law requires that under certain circumstances employees who report for work as scheduled or requested by the employer be paid for at least four (4) hours or the hours in the employee's regularly scheduled shift, whichever is less, at the basic minimum hourly wage applicable for the county where the business is located. This means that if an employer requests or schedules non-exempt employees (those not exempt from minimum wage and/or overtime rules under the Fair Labor Standards Act ("FLSA")) to work a full day and then, due to inclement weather, has to close after a short period of time, the employer may still have to pay the employees who reported to work for at least four (4) hours at the basic minimum hourly wage.
Here is a summary of how the law is applied to the different classifications of employees at the dealership:
Hourly/Non Exempt Salaried Employees
For hourly workers and workers who receive a salary but are not exempt under FLSA rules employers are required to provide at least four (4) hours (or the minimum number of hours in the shift, whichever is less) at the minimum wage for an employee who reports to work.
If the dealership is open and an employee reports to work they must receive their actual time worked or at least four (4) hours if they are sent home early.
If the dealership closes in advance then no payment is due to hourly and non-exempt employees. If the employee has available sick/vacation time the employee can elect to take such time.
If the dealership does not open and the employer fails to inform the employees that the dealership will not open, any employee who shows up for work is entitled to at least four (4) hours at minimum wage unless his or her shift was less than 4 hours. Therefore, it is important to notify your employees about unscheduled closings as soon as possible.
Salaried/Exempt Employees
For salaried workers who are exempt under FLSA rules if the dealership closes in advance due to inclement weather then the employer must pay the salaried workers their full day's pay. Employers can, however, require that employees use sick/vacation time but such requirement must be noted in your written sick/vacation policy. If you remain open for business during inclement weather and the employee reports to work (or works a partial day) then the employee gets full pay. If the dealership is open and the exempt employee does not report for work then you can deduct a full day pay unless the employee elects to take a sick/vacation day.
Under either situation above, if the dealership is covered under a collective bargaining agreement ("CBA") then the rules under the CBA will apply. However, if the CBA does not cover show up pay situations then NYS law and your internal policy will apply.
For more information on how to apply show up pay or to discuss how to properly classify employees under the FLSA contact Stevan LaBonte at 516-280-8580 or
slabonte@labontelawgroup.com.
