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Employees with Extended Shifts and Sandy: Wage and Hour Issues


Some employees may be required to stay on site for extended periods of time as a result of Sandy.  Here is summary of the FLSA payment rules for non-exempt employees from the DOL website:

Sleeping Time and Certain Other Activities: An employee who is required to be on duty for less than 24 hours is working even though he/she is permitted to sleep or engage in other personal activities when not busy. An employee required to be on duty for 24 hours or more may agree with the employer to exclude from hours worked bona fide regularly scheduled sleeping periods of not more than 8 hours, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night's sleep. No reduction is permitted unless at least 5 hours of sleep is taken.

Keep in mind state law may be more restrictive and employers must comply with whichever law is more beneficial to the employees. Indeed, many state regulations provide that employes must be paid for all time they are required to remain on the employer's premises. 

Stay safe! 

This blog should not be construed as legal advice, as applying to specific factual situations or as creating an attorney-client relationship

 

 

 

 

 

 

 

 

 

 

 
 
 
 

Avoiding Wage and Hour Hurricanes After Sandy


At the risk of being jaded, it seems that, after every natural disaster, plaintiffs' lawyers follow.  So, now is good time to brush up on wage and hour rules relatives to closings that may result from Hurricane Sandy:

 1.      As a result of the FLSA’s salary basis requirement, if as a result of the hurricane, you close for less than a full work week, you must pay an exempt employee for days that you are closed.  However, you generally can require that an exempt employee use PTO during a day in which you close. [Note: general rule most probably would not apply to sick days; same is true for #2 below]. 

2.        If you remain open and an exempt employee does not come to work, you do not have to pay the employee for the day; this can be treated as an absence for personal reasons, provided it is a full day.  If an exempt employee arrives late or leaves early, he or she must be paid for the full day, but you generally can require that he or she use PTO, if available, to cover the non-working time.  You also must pay him or her if he or she works from home.  

3.         No legal obligation under the FLSA to pay non-exempt employees who do not work because you close due to the hurricane; however, there is an exception for non-exempt employees who are paid under the fluctuating work week.

4.         Even if there is no duty to pay non-exempt employees, consider the employee relations message of paying exempt but not paying non-exempt employees for a day on which you are closed. 

5.        Also, if non-exempt employee works at home, you must pay for all time worked.  Systems must be put in place to state who can work remotely and how they must record their time so that they are properly paid.  Remember, break rules apply to working at home too.

6.        Keep in mind state law may impose additional requirements or restrictions. For example only, in New Jersey, there are call-in requirements; that is, if an employee comes to work and is sent home, there is a minimum number of hours' pay the employee must receive.

7.   Keep in mind also that there may be payment obligations under collective bargaining agreements and/or your policies.

8.   Be safe: http://www.cdc.gov/Features/HurricanePreparedness/?s_cid=tw_DrCP38

THIS BLOG SHOULD NOT BE CONSTRUED AS LEGAL ADVICE, AS PERTAINING TO SPECIFIC FACTUAL SITUATIONS OR AS ESTABLISHING AN ATTORNEY-CLIENT RELATINSHIP

 
 
 
 

AVOID WAGE AND HOUR TSUNAMI FOLLOWING HURRICANE


AVOID WAGE AND HOUR TSUNAMI FOLLOWING HURRICANE

Reminder of wage and hour rules:

1.                  As a result of the FLSA’s salary basis requirement, if as a result of the hurricane, you close for less than a full work week, you must pay an exempt employee for days that you are closed (unless an employee did not do any work for the company in the work week). However, you can require that an exempt employee use PTO during a day in which you close.

2.                  If you remain open and an exempt employee does not come to work, you do not have to pay the employee for the day; this can be treated as an absence for personal reasons, provided it is a full day.  If an exempt employee arrives late or leaves early, he or she must be paid for the full day, but you can require that he or she use PTO, if available, to cover the non-working time.  You also must pay him or her if he or she works from home.

3.                  No legal obligation under the FLSA to pay non-exempt employees who do not work because you close due to the hurricane; however, there is an exception for  non-exempt employees who are paid under the fluctuating work week.

4.                  Further, under some state laws, such as in New Jersey, there are call-in requirements; that is, if an employee comes to work and is sent home, there is a minimum number of hours' pay the employee must receive. Plus, there may be CBA obligations.

5.                  Even if there is no duty to pay non-exempt employees, consider the employee relations message of paying exempt but not paying non-exempt employees for a day on which you are closed. 

6.                  Also, if non-exempt employee works at home, you must pay for all time worked.  Systems must be put in place to state who can work remotely and how they must record their time so that they are properly paid.  Remember, break rules apply to working at home too.

7.                Keep in mind state law may impose additional requirements.

THIS BLOG SHOULD NOT BE CONSTRUED AS LEGAL ADVICE, PERTAINING TO SPECIFIC FACTUAL SITUATIONS OR ESTABLISHING AN ATTORNEY-CLIENT RELATIONSHIP.

 

 

 

 
 
 
 
 

Jonathan Segal

Business Ally. Help clients achieve business goals and manage legal risks. Areas of focus include: gender equality; wage and hour compliance; social media; leadership training; union avoidance; performance management; and agreements

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.