Winter weather can force offices to close or send employees home early. When that happens, pay rules depend on how employees are classified under the Fair Labor Standards Act (FLSA) and, in Massachusetts, state wage laws. Here’s a simple breakdown to help HR stay compliant.

Exempt vs. Nonexempt: The Basics

• Nonexempt employees are usually paid hourly and are paid only for the time they actually work, unless company policy says otherwise.
• Exempt employees are usually paid a salary and must generally receive their full weekly pay if they perform any work during the week, with limited exceptions.

(These rules apply as long as employees are properly classified.)

When the Office Is Closed

• Closed all week, no work done: Exempt employees do not have to be paid.
• Closed all week, but work is done at home: Exempt employees must be paid for the week.
• Closed for a day and nonexempt employees work remotely: They must be paid for the hours worked only. Employers should have a clear time-tracking method in place.

When the Office Is Open

• Exempt employee can’t get in due to weather and does not work: The employer may deduct pay for full days missed.
• Exempt employee works part of the day (including from home): Pay cannot be docked.
• Nonexempt employee can’t make it in: No pay is required, but employers may allow use of PTO or vacation if their policy allows.

Early Closures and Reporting Pay

• If a nonexempt employee reports to work and is sent home early, Massachusetts law requires the employee to be paid for all hours worked and may require reporting pay so the employee is paid for at least three hours, depending on the schedule.

Essential Employees and Extreme Situations

• If the employees are completely relieved from duty and are able to use the time for their own pursuits (there is food available, relatively comfortable places to sleep, a television or other entertainment, etc.) then you do not need to pay them for the time that they are not actually performing work
• If they are relieved from duty but there is absolutely nothing they can do with their time, not even somewhere to sleep (besides the hard floor), then an argument can be made that you have to pay. Even then, you would only have to pay the minimum wage, not the employee’s regular wage rate, though that is likely to be received very poorly by employees.

Remote work adds another layer to snow-day decisions. Even a small amount of work—like answering emails, can trigger pay obligations, especially for exempt employees. Clear policies and good communication go a long way in avoiding disputes.

Bottom line: Plan, document your policies, and be consistent. Snowstorms may be unpredictable, but your pay practices shouldn’t be.

Need Help Navigating a Snow-Day Pay Question?
Weather-related pay decisions can get complicated fast, especially when classifications, remote work, or Massachusetts-specific rules are involved. For quick, practical answers, AIM members can contact the HR Helpline at 800-470-6277 or email helpline@aimnet.org to talk through real-time questions and avoid costly missteps.

For more complex situations, including policy development, employee communications, or supervisor training, AIM HR Solutions’ consulting and training teams can provide deeper support tailored to your organization at www.AIMHRSolutions.com.