This week’s snow “storm” left two questions unanswered for most people: (1) where was the snow? and (2) did I have to use a PTO day during Tuesday’s state-of-emergency?

We encourage employers to carefully handle this issue, as it can become confusing and complicated.  First, the answer depends on whether the employees are exempt or non-exempt.  (Remember, exempt employees are salaried employees who are exempt from overtime).  Under New Jersey State law, employers are not required to pay non-exempt employees for time not actually worked.  This includes when employees are unable to work due to a declared state of emergency.  Know however, that these non-exempt employees who were unable to work due to a weather related emergency may be eligible for unemployment benefits…

On the other hand, employers are required to pay a salaried employee who is exempt from overtime, for days the business was closed (if less than a full workweek) due to a weather related emergency or disaster.  The employer must pay an exempt employee “the full salary for any week in which the employee performs any work without regard to the number of days or hours worked,” because as we know from our previous posts, “deductions may not be made for time when work is not available.”

Can employers force employees to take a vacation day(s) for the day(s) the business was closed due to a weather related emergency? According the NJ DOL, the answer is, YES.  If an employer chooses to provide benefits, it’s technically up to the employer on how it will be administered.  But keep in mind, benefits have to be administered uniformly in accordance with the established policy, employment agreement or union contract (if one exists).  Employees may have a basis for a wage claim if an employer fails to adhere to the policy, agreement or contract.  As such, employers should be thoughtful when making decisions about how to handle snow days.

As for what happened to the snow, that is above our pay-grade.