Q&A with Lori Alexander, shareholder with Littler Mendelson in New Haven.
Q: This winter has been excessively harsh in Connecticut and there’s still the potential for more. What does it mean for employers when they have to close for the safety of workers?
A: When employers have to close because of storms, they lose productivity, which directly affects their bottom lines. Students and teachers dread making up lost school time, but businesses suffer very real losses when production and service are interrupted by closings due to weather. Prolonged or repeated closures also threaten disruption of relationships with customers and suppliers.
Q: How much does an employer have to pay its nonexempt employees? Is it basically a day’s pay? Does this apply to the public sector as well? Can a nonexempt employee be docked for coming in late because of weather?
A: In Connecticut, employers only need to pay nonexempt (hourly) employees for time actually worked or when required to be on the employer’s premises or on duty. So, if non-exempt employees are told not to report to work, the employer is not obliged to pay them. If they leave early, they have to be paid only for the time actually worked (except in certain specified industries where wage orders require payment for a minimum number of hours). One way to soften the effect of not being paid because of an unexpected weather emergency is to allow non-exempt employees to use accrued personal, vacation, or PTO time for the day off if they choose to do so.
As a general rule, exempt (salaried) employees need to be paid their full weekly salary for any week in which they perform any work — even if the office is closed for a few days because of a facility problem.
Q: Why are only exempt employees required to be paid for the day or time missed?
A: Salaried employees who are exempt from overtime requirements are paid to complete the responsibilities of the particular job, no matter how long it takes, rather than based on the number of hours worked. In order to be classified as exempt from the payment of overtime in Connecticut, generally an employee must fall into exemption categories known as the professional, executive, and administrative exemptions. Whether or not there is a snow day, these employees are responsible for completing their normal assignments, even if they have to work more on another day to do it.
Q: Can employers ask employees to take a vacation day instead? Or use sick time? Can employees use sick time if they are physically concerned about coming to work?
A: As I noted above, employers may offer non-exempt employees the option of using personal, vacation, or PTO time on days when their workplace is closed due to weather, in order to be paid for the day. Use of sick time, which is reserved for absences due to illness or injury, is generally not allowed although the answer will depend on the employer’s particular policy about the use of sick time.
Q: Can an employer ask employees who are nonexempt to make up the time? Say, for example, a snowstorm happens on a Tuesday. Can the employer ask employees to work Saturday? Or maybe a couple hours extra Wednesday through Friday?
A: Unless there is a collective bargaining agreement or other policy or agreement that prohibits it, an employer may ask employees to make up the time. Any such time worked would be paid at the regular rate up to 40 hours in the work week, and at overtime rates for any time worked over 40 hours.
Q: Can employers mandate their employees come to work if, for example, the state declares a snow emergency? Does an employer have to give snow days?
A: There is no statutory requirement in Connecticut that an employer permit employees to refrain from reporting for work when the state declares a snow emergency or when any particular level of bad weather converges on the area. Employers are well advised, however, to use good judgment in determining when to close or excuse non-attendance during a snow emergency. Many employers have recorded messages available for their employees to call and check in the event of bad weather. In this way, an employer may leave word that employees may use their good judgment as to whether they can get to work safely, and if they cannot, they may take any available personal, vacation, or PTO time off. Institutions such as hospitals, police, and fire services must stay open in all kinds of weather and may reasonably expect employees with critical responsibilities to report to work. A nursing home, for instance, might insist that nurses and nurses’ aides come to work notwithstanding the weather, but at the same time excuse an office worker from attendance because the office worker’s duties are not critical for that day.
