Snow days and delays in the workplace

When cold weather rolls into Iowa, poor driving conditions and power outages can cause significant problems for employers and schools. Both may be required to reduce or cease operations.

Accordingly, here are some tips to help you plow through any weather-related wage and hour issues related to office closures and reductions in work hours caused by weather problems.

Remember, the most important consideration for employers is whether the employee is considered exempt or non-exempt under the Fair Labor Standards Act. Exempt employees are employed in bona fide executive, administrative or professional jobs and meet the current minimum salary threshold.

Non-exempt employees are paid on an hourly basis and subject to the minimum wage and overtime requirements.

The United States Department of Labor has issued several opinion letters on the topic of bad weather regarding both classes of employees.

In most cases, courts are deferential to the agency - although the Obama administration recently had the opposite experience when a federal judge in Texas issued a nationwide injunction against the implementation and enforcement of the DOL's new salary test for the overtime rule.

Employers also should note that unionized employees may have additional or different benefits based on their contracts.

The next consideration is whether your office is open or closed. For example, if hourly non-exempt employees are forced to miss work because the employer closed its business, the employer does not have to pay them for those hours.

Exempt employees have to be paid. However, an employer can require them to use vacation or paid time off to cover the snow days.

Similarly, if an employer sends hourly non-exempt employees home early because of bad weather, the employer only has to pay them for time actually worked, while exempt employees must be paid for the full day.

What if your business is open, but your hourly non-exempt employee apparently cannot get into work - her car won't start, he is 'snowed in” or his child's school is canceled? If an employee fails to show up to work, the employer does not have to pay them.

Similarly, if a salaried exempt employee is unable to make it to work, the employer can deduct a full day's pay for their absence or let the employee take a personal day, pursuant to the employer's written leave/absence policies.

What are some practical solutions for inclement weather or snow days? The answer: advance planning.

Decide ahead of time how you will address many issues, and have a properly drafted inclement-weather policy. Your policy should cover multiple issues, including a definition of inclement weather, who is authorized to close the business - or delay the opening and close early - how employees will be notified and whether employees will be permitted to work remotely, bring children to work, or make up missed time.

In this respect, remember employee morale. Consider allowing employees to work from home if it is possible for them to telecommute and they still could be productive. However, employers clearly should communicate expectations regarding employees' remote work product, to avoid misunderstandings.

l Wilford H. Stone is a lawyer with Lynch Dallas in Cedar Rapids.