PDA

View Full Version : Indiana - Snow Emergency - Paid or Unpaid


mtanner
06-20-2005, 10:01 AM
On December 24 of last year, the was what was called a Level II Snow Emergency. Which means that is is illegal to drive on the road unless it is an emergency.

When calling the office it was stated that the office was closed that day.

Does the company have to pay the hourly employees for that day?

What about Salaried employees? Both exempt and and non-exempt.

LConnell
06-20-2005, 10:05 AM
No, on both questions.

cbg
06-20-2005, 10:53 AM
I agree with Lillian as to non-exempt and salaried non-exempt employees. I disagree on exempt employees.

I would even agree on the issue of exempt employees if the employee opted not to come in, since that would be choosing to take a day off under (4) below. But if the company closes for the day, that's different. My understanding is that an exempt employee can only have their PAY docked in the following circumstances:

1.) In either the first or last week of employment, if the exempt employee does not work the entire week
2.) If the exempt employee is on FMLA
3.) In a company with a bona fide sick pay policy with a reasonable number of days; if the exempt employee either is not yet eligible for or has used all the sick days to which he is entitled, and calls in sick
4.) When the exempt employee chooses to take a day off for personal reasons
5.) If the exempt employee has been suspended for a major safety violation
6.) If the exempt employee has been suspended for the violation of a written company policy which applies to all employees and which relates to behavioral issues (sexual harassment, violence in the workplace, drugs or alcohol on site etc.)

Since if the company chooses to close and tells the employee to stay home, an exempt employee will not have chosen to take the day off and thus must be paid.

Of course, the employer can require the employee to use vacation time for the snow day. But the exempt employee's paycheck must remain whole.

LConnell
06-20-2005, 11:05 AM
Thanks for catching that slip-up. You are so right.

Indiana Labor Law Posters
Comply with Indiana regulations with one Complete Indiana Labor Law Poster.
Trusted with customer satisfication.
Call (800) 745-9970 or shop online at www.LaborLawCenter.com.