Are employers legally required to pay employees when the office or facility closes for a day or so, but less than a week because of inclement weather?  No, if the employees are not exempt from overtime; or if they are doctors, lawyers or teachers.

Yes, if the employer has an agreement or policy of paying under those circumstances or the employees are others exempt from overtime, unless the office/facility remains open, but the employees have a choice to stay away for personal reasons such as transportation or other weather-related problems.

An employer who decides not to pay employees under the above conditions should clearly state its intentions and prohibit and not permit work away from the office or facility or at home.

Prepared by Torkildson, Katz, Moore, Hetherington and Harris.

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