Q: Are NJ and NY Employers Required to Pay Their Non-Exempt Employees for Periods of Closure Caused By Hurricane Sandy?

A:  Under the Fair Labor Standards Act, employers are required to pay non-exempt employees only for hours they actually work unless the employer has a company policy that specifically provides for continued pay during periods of closure due to natural disasters or inclement weather, or the employee is entitled under company policy to use paid time off and chooses to do so, or if there is an employment contract or collective bargaining agreement in place which requires the employer to pay wages during such closures.

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