Inclement weather can throw a wrench into your business operations faster than you can say “snow day.” You’ve got employees worried about safety, and you’re juggling legal obligations and operational continuity. So, what exactly are employee rights during inclement weather?Employee rights during inclement weather cover the legal and ethical obligations employers have to ensure their workers' safety and fair treatment when severe weather hits. This includes:
- Ensuring employees aren’t forced to travel in dangerous conditions.
- Clear communication about closures or delays.
- Proper handling of pay and leave.
Examples of Legal Protections
Let’s break it down with some real examples:
- Fair Labor Standards Act (FLSA): This federal law mandates that non-exempt (hourly) employees only need to be paid for hours worked. So, if your shop closes due to a blizzard, you’re not legally required to pay them for the lost hours.
- State-specific regulations: States like New York and California have additional protections. For example, in New York, if an employee reports to work and is sent home early, they must be paid for at least four hours.
- Union agreements: If your business is unionized, the collective bargaining agreement might have specific clauses about inclement weather pay and safety protocols.
How employers should handle closures and delays
So, how do you decide when to close up shop or delay opening? And once you’ve made that call, how do you let everyone know? These are the questions that keep you up at night, right?First, establish clear criteria for deciding closures. Look at:
- Local government advisories.
- School closures.
- Road conditions.
Then, you’ve got to notify your team. Here’s how:
- SMS notifications: Quick and direct. Everyone has their phone on them.
- Email alerts: Great for detailed instructions and updates.
- Company intranet updates: Perfect for businesses with a dedicated internal communication platform.
Communication Methods
Let’s talk specifics:
- SMS notifications: Set up a group text or use a service like Homebase to blast out updates. “Hey team, due to icy roads, we’re opening at noon today. Stay safe!”
- Email alerts: Use your email system to send detailed updates. Include info on pay, remote work options, and when to expect the next update.
- Company intranet updates: If you’ve got a company portal, post updates there. Make sure everyone knows to check it for the latest info.
Pay policies for different employee types
Nothing gets more complicated than pay policies during inclement weather. Your team needs to know what to expect, and you need to stay compliant. So, let’s get into it.
Non-Exempt Employees
For your hourly workers:
- Hourly pay rules: Only pay them for the hours they actually work. If they clock in, they get paid. If they don’t, they don’t.
- Use of paid time off: If you offer PTO, let them use it to cover lost hours. It’s a win-win. They get paid, and you keep morale high.
Exempt Employees
For your salaried folks:
- Full salary obligations: If they work any part of the week, they’re entitled to their full salary. Even if you close for a day or two.
- Deductions and partial-day absences: You can’t dock their pay for partial-day absences. If they work from home for part of the day, they still get their full salary.
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How to create an inclement weather policy
Creating an inclement weather policy isn’t just about ticking boxes. It’s about preparing your team and protecting your business. Here’s how you do it.
Steps to Develop the Policy
- Forming a team: Get a group together. HR, legal, and key managers. You need all perspectives.
- Drafting the policy: Outline the criteria for closures, communication methods, and pay policies. Be detailed.
- Reviewing with legal counsel: Make sure everything is compliant with federal and state laws. You don’t want surprises down the road.
Elements to Include
Your policy should cover:
- Closure criteria: Define what triggers a closure or delay. Be specific.
- Communication protocols: Detail how you’ll notify employees. Don’t leave them guessing.
- Pay and leave policies: Explain how pay will be handled for both non-exempt and exempt employees. Include info on using PTO.
- Remote work guidelines: If remote work is an option, spell out how it works. Who’s eligible? What are the expectations?
Making the Policy Accessible
Once you’ve got your policy, make sure everyone can see it:
- Employee handbooks: Include the policy in your handbook. Every new hire should read it.
- Digital copies: Post it on your company intranet or shared drive. Make sure it’s easy to find.
- Training sessions: Hold a meeting or training session to go over the policy. Answer any questions your team might have.
Alright, now you’re equipped to handle anything Mother Nature throws your way. Stay tuned for more tips and strategies to keep your business running smoothly, no matter the weather.
Although some areas of the country have already experienced winter weather, the official start of the winter season is right around the corner. Snow, sleet, ice, and freezing rain are quickly approaching for most of the country. As a business owner, inclement weather not only means getting your business ready, but also your employees.
Does your business have an inclement weather policy and procedure in place? Whether it’s an approaching blizzard threatening to dump two feet of snow on your region, a hurricane threatening to come ashore, or a tornado sweeping through, it’s smart business to have an inclement weather policy in place so you, your employees, and your customers know what to expect.
Common scenarios and how to address them
When bad weather hits, chaos can ensue. Employees are unsure if they should come in, and you’re scrambling to make decisions. Let’s simplify things by breaking down common scenarios and how to handle them.
Full-Day Closures
Sometimes, the safest option is to close for the entire day. Here’s what you need to do:
- Pay protocols: For non-exempt employees, you’re not required to pay unless they use PTO. For exempt employees, they get their full salary if they worked any part of the week.
- Communication: Use Homebase’s communication tools to send out a mass notification. “Due to severe weather, our store will remain closed today. Stay safe and warm!”
Partial-Day Closures
Maybe it’s not a full-blown blizzard, but still dangerous enough to warrant a late start or early closure.
- Handling late starts: Notify employees early. “We’ll open at noon today due to icy conditions.”
- Pay adjustments: Pay non-exempt employees only for the hours worked. Exempt employees should receive their full salary, as long as they work part of the week.
Employee Inability to Travel
Sometimes, the business is open, but individual employees can’t make it in safely.
- Safety considerations: Never pressure employees to travel in unsafe conditions. Encourage them to stay home if it’s risky.
- Use of paid leave: Allow them to use PTO or offer remote work options if feasible. Again, Homebase can help manage these adjustments seamlessly.
Legal compliance and safety considerations
Ensuring you’re legally compliant while keeping your employees safe is non-negotiable. Here’s what you need to know.
Federal Laws
Federal laws like the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) set the groundwork.
- FLSA: Non-exempt employees are only paid for hours worked. Exempt employees must be paid their full salary if they work any part of the week.
- FMLA: Employees may be eligible for unpaid leave if severe weather causes a serious health condition.
State-Specific Guidelines
Different states have varying laws. Know your state’s specifics to stay compliant.
- Regional differences: States like California and New York have additional protections. For instance, New York requires a minimum of four hours’ pay if an employee reports to work and is sent home early.
- Key state laws: Research your state’s requirements or consult with legal counsel to ensure compliance.
Employer Duty of Care
You have a duty to provide a safe work environment and assess travel risks.
- Providing a safe work environment: Ensure your premises are safe. Clear snow and ice, and make sure heating systems are working.
- Assessing travel risks: Use local government advisories to guide your decisions on closures and delays.
Ensuring Employee Safety
Safety should always come first. Here’s how to make sure your team stays safe.
- Encouraging remote work: If employees can work from home, let them. It’s safer and keeps operations running.
- Offering flexible hours: Allow staggered start times or flexible schedules to avoid peak travel times.
Tools to help manage employees during inclement weather
Managing your team during bad weather can be a logistical nightmare. Luckily, there are tools to make it easier.
Scheduling Tools
Automate and adjust schedules quickly.
- Automated scheduling: Use Homebase’s scheduling feature to create and adjust schedules on the fly. It’s drag-and-drop easy.
- Employee availability tracking: Know who’s available and when. Homebase lets employees update their availability in real-time.
Communication Platforms
Keep everyone in the loop with real-time updates.
- Real-time updates: Send instant notifications about closures or delays. Homebase’s team communication tools make it simple.
- Emergency notifications: Use Homebase to send out emergency alerts. Everyone gets the message, no one is left in the dark.
Payroll and Time Tracking Systems
Accurate timekeeping and seamless payroll are crucial.
- Accurate timekeeping: Homebase’s time clock feature ensures precise tracking of hours worked, even during inclement weather.
- Seamless payroll processing: Integrate time tracking with payroll to ensure everyone gets paid correctly. Homebase makes it effortless.
HR Compliance Tools
Stay compliant with labor laws and manage policies effectively.
- Policy management: Homebase’s HR compliance tools help you create and enforce policies, including inclement weather guidelines.
- Legal compliance reminders: Get automated reminders for compliance deadlines and updates. No more scrambling to stay legal.
What is the best way to support employees during inclement weather?
Supporting your employees during inclement weather isn’t just about keeping the business running. It’s about showing you care.
Providing Clear Guidelines
Employees need to know what to expect.
- Detailed inclement weather policies: Make sure your policy is comprehensive and easy to understand.
- Easy access to information: Post policies on your intranet, include them in handbooks, and discuss them during meetings.
Offering Flexibility
Flexibility shows you value their safety and well-being.
- Remote work options: If the job allows, let employees work from home. It’s safer and keeps productivity up.
- Flexible scheduling: Allow for staggered start times or flexible hours to avoid risky travel.
Ensuring Safety and Well-being
Safety isn’t just physical; it’s mental too.
- Prioritizing employee safety: Always put safety first. Close the business if conditions are dangerous.
- Mental health support: Bad weather can be stressful. Offer support through Employee Assistance Programs (EAPs) or mental health resources.
Maintaining Open Communication
Keep the lines of communication open.
- Regular updates: Use Homebase’s communication tools to keep everyone informed. Regular updates reduce anxiety and confusion.
- Transparent decision-making: Be upfront about how decisions are made. Transparency builds trust.
By following these guidelines, you’ll not only keep your business running smoothly during inclement weather, but you’ll also show your team that you care about their well-being. And that’s a win-win for everyone.
Homebase offers tools to manage schedules, communicate with your team, and stay compliant during inclement weather. Learn more at Homebase.
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Nicole Walters
Nicole Walters is a content writer and strategist. She leverages her Bachelor’s degree in Corporate Communications and extensive experience in the payments industry working with small businesses to create valuable content that address real problems and solutions for business owners.
Remember: This is not legal advice. If you have questions about your particular situation, please consult a lawyer, CPA, or other appropriate professional advisor or agency.