Texas Law on Paying Employees for Inclement Weather

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If you own a Texas business, you might find yourself having to close because of snow, hail or other storms. This can be a headache for you -- not only do you lose money from not opening your business, but you have to figure out whether to pay your employees. At the time of publication, you must pay salaried employees for bad-weather days, although hourly employees are exempt from this requirement.

Salaried Employees

If a Texas employee receives a salary rather than getting paid by the hour, you can't deduct any money from his weekly salary if you close your business one or more days during the week for bad weather. The Texas Payday Law requires such employees to get their full salary if they would have been available for work on the missed days. However, if an employee misses an entire week of work due to bad weather, you can deduct a week's pay from his salary.

Open For Business

If you don't close your business on a bad-weather day, you have the right to withhold pay for employees who don't come to work that day. Texas employees who don't work due to inclement weather are considered to have taken a personal day under federal law. However, you can't deduct a portion of a day as a personal day. If an employee comes to work late because of the weather conditions, you have to pay her for the hours she worked, and salaried employees must receive pay for the entire day.

Use of Vacation Days

Texas employers have the right to require salaried workers to use vacation days to cover pay for inclement weather days, even if the business isn't open. For example, if you close your business for two days because of a snowstorm, you can require your employees to take two vacation days to cover their pay for those days. Since Texas employers have the right to tell these employees when to take their vacation, they can require the employees to use vacation pay for bad-weather days.

Non-Exempt Employees

If your employees are paid on an hourly basis or are not exempt from minimum wage or overtime, you don't have to pay them for bad-weather days. These employees get paid based on how many hours they work each week, so if they don't work because you're closed for bad weather, they simply don't get paid for the hours they spent at home due to the weather problem.

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