Inclement Weather Pay Policies

Inclement Weather Pay Policies
Webinar: ID# 1023196
Recorded CD
About This Course:
Many employers are not prepared to address employment related issues that arise due to unforeseen, or even foreseen, inclement weather, until it happens.

Even those employers who are generally aware of when they are obligated to pay employees when bad weather causes interruption to their operations, do not recognize that a whole host of other issues may arise outside of the wage and hour context, including an employer's obligations under the FMLA, OSHA, ADA, or their own policies.

This webinar helps employers understand not only the various employment related considerations that may arise due to inclement weather, but provides employers concrete examples on how to address these situations.

You will receive guidance on how to get ahead of the storm and implement clear and consistent policies so that the relevant individuals within your business operations are prepared in advance to diffuse any issues.

While this topic is critical to employers with operations located in areas subject to extreme or winter weather, it will also be useful to all employers regardless of location as preparedness is vitally important when dealing with something as unpredictable as Mother Nature.


When Must Employers Pay Employees in Situations Involving Inclement Weather and Other Wage and Hour Considerations
  • Exempt vs. Nonexempt, the Distinction Matters
  • Does the FLSA Require You to Pay Employees Who Miss Work Because of the Weather?
  • Considerations When There Is a Business Closure
  • How to Treat On-Call, Waiting or Standby Time
Appropriate Treatment of an Employee's Absences or Refusal to Work
  • Use of Vacation or PTO Time and Ensuring Your Policies Are Clear and Consistently Enforced
  • Counting Absences Due to a Storm Against an Employee's FMLA Allotment
  • Disability Under the ADA and Reasonable Accommodations
  • Refusal to Work and Permissible Disciplinary Actions
How to Prepare Your Business to Respond to Weather-Related Employment Issues
  • Drafting Effective Inclement Weather Policies for Pay, Attendance and Other Issue
  • Written Preparedness Plans and Getting Ahead of the Storm
  • Workplace Safety and Compliance With OSHA
About The Presenters

David Kim
  • Partner in the office of Ford & Harrison LLP
  • Focuses practice on the representation of employers in all employment-related matters; represents clients in state and federal court in a variety of employment-related claims including unlawful discrimination, harassment, and wage and hour class and collective actions; also advises and counsels clients on employment discrimination laws, hiring, discipline and discharge, implementing appropriate policies and procedures, compensation and other wage and hour issues, and worker classification
  • Conducts regular seminars and workshops including “In-Depth Follow Up - DOL Proposed Extending Overtime Protection to Millions of Currently Exempt Workers” - webinar, July 9, 2015; “Managing and Defending Against FLSA Collective Actions and State Law Class Actions”, speaker, American Conference Institute’s 21st National Forum on Wage Hour Claims and Class Actions, May 29, 2014
  • Wrote several publications including “New Jersey Supreme Court Restricts Ability to Label Workers as Independent Contractors”, Author, JD Supra, January 1, 2015; “Supreme Court Narrows Test for Compensable Time Under the FLSA", FordHarrison Legal Alert, December 9, 2014; regular contributor to the FordHarrison Blog, EntertainHR, an informative look across the landscape of television, movies, sports and popular culture from an employment law perspective, the website is available at
  • J.D. degree, Seton Hall University School of Law; B.A. degree, University of Chicago
Joanna Rich
  • Senior associate in the office of Ford & Harrison LLP
  • Concentrates practice on the representation of employers and labor and employment law matters; experience handling a wide range of employment issues including defense of discrimination, harassment, and retaliation claims and wage and hour issues; also counsels employers on employee handbooks, FMLA eligibility and leave laws, wage and hour compliance, and discipline and separation issues
  • Conducts regular seminars and workshops such as LexisNexis Complimentary CLE webinar: "Know How to Protect Your Workers When Nature Gets Nasty", live webinar - May 14, 2015; FordHarrison’s Third Annual Year-End Labor and Employment Law Workshop, live presentation- December 5, 2013
  • Wrote several publications such as New Jersey's Conscientious " "Everyone" Protection Act? State Supreme Court says "Yes", FordHarrison Legal Alert, July 16, 2015; New Jersey Bill Expanding Prohibition on Discrimination Against Unemployed Advances In State Legislature", Georgia Employment Law Letter, May 22, 2014; Georgia Employment Law Letter, HR Hero, March 15, 2014; "Mayor Approves Newark Paid Sick Leave; Ordinance Expected To Take Effect Mid-June 2014", FordHarrison Legal Alert, March 7, 2014; "March Madness - Could Friendly Wagers Among Employees Put Your Organization At Risk?", FordHarrison Legal Alert, March 6, 2014; "Employers Must be Prepared to Deal with the Aftermath of the Recent Winter Storms", FordHarrison Legal Alert, February 18, 2014; "Newark City Council Passes Paid Sick Leave Ordinance; Mayor Expected To Approve Measure", FordHarrison Legal Alert, February 7, 2014
  • J.D. degree, Wake Forest University School of Law; B.A. degree, Bucknell University
Inclement Weather Pay Policies
Available on CD format
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