Paying Non-Exempt Employees when Business is Closed


With the holidays approaching our office is scheduled to be closed for several days. How many hours is an employer obligated to pay an hourly-paid employee who works a partial week because the employer’s business is closed?


The FLSA does not require employers who are unable to provide work to non-exempt employees to pay them for hours the employees would have otherwise worked.

Employers are only required to pay for actual hours worked. In your situation above, be aware however, that actual “hours worked” have a number of items included aside from work hours. These items might include breaks, training time, travel time, and on call time – all may be “hours worked” so be careful how you handle this and check out the DOL website as well as your state labor website for additional details.

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