My job is closed FOR A DAY due to an emergency. Do I get paid?

The answer to this question depends on whether you are exempt from the laws mandating overtime. If you are an hourly worker, there is no law requiring an employer to pay you for time that you do not work. (As usual, there are some qualifications to this statement, including the “minimum shift” laws for some industries.)

However, if you are an exempt worker who receives a fixed salary regardless of the number of hours that you work, then your employer generally must pay your salary even if you miss a day, if the absence is” occasioned by the employer or by the operating requirements of the business.” If you are a salaried employee and are ready and willing to report to work, your employer cannot dock your pay if the business is closed. This analysis does not apply to time missed due to personal reasons. If an exempt employee misses work for a full day when the business is open, then the employer may take the whole day’s pay out of his or her paycheck.

The Hayber, McKenna & Dinsmore hopes that we are in for a mild hurricane season, but in the event we get business-closing storms, keep this information in mind and call the Hayber, McKenna & Dinsmore if you believe you’ve been paid improperly!

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I worked for a retailer and was a Plaintiff in a class action for unpaid overtime wages. Hayber, McKenna & Dinsmore did an amazing job of getting our unpaid overtime back to us. Every one at the firm that I dealt with through that process was wonderful to work with. I appreciate all they did for us more than you will ever know.
- L. LeHeup, Georgia