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Inclement Weather Poses FLSA Challenges


Peter Gillespie was quoted on SHRM on January 28, 2015. The article “Inclement Weather Poses FLSA Challenges” discussed how exempt and nonexempt employees are treated differently under the Fair Labor Standards Act (FLSA), when work closes because of inclement weather.

Peter said, “Employers should not make salary deductions from exempt employees for early departures or late arrivals caused by bad weather.”

“Employers who have hourly workforces may want to readjust schedules to address situations when a business is being shut down for a day or two for bad weather, possibly by allowing employees to work longer shifts, different shifts or on weekend days, in order to make sure that hourly employees are working consistent hours,” Peter said. “Before making these types of adjustments, employers should keep in mind break rules, mandatory days off requirements and daily overtime requirements, which may vary by state, in order to avoid possible legal violations or unexpected overtime obligations.”

To read the full article, please visit SHRM. [subscription required]

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