A large law firm representing management has explained employer obligations to pay or not pay employees when employer’s shut down because of the storm: See this link. Maryland law is similar to the federal law (the Fair Labor Standards Act) on this subject. The basics are:
- If you are an hourly paid employee, the employer only has to pay you for the actual hours worked
- If you are a salaried employee and exempt from overtime pay, you must be paid like normal. Even if you miss a full day of work, the employer may not reduce your weekly salary (unless you miss an entire work week). An employer that improperly reduces an employee’s salary might lose or jeopardize the ability to treat the employee as exempt from overtime pay requirements -- potentially a very costly mistake. However, employers do have the right to charge exempt employees for vacation or PTO for any work that they miss. Employees who do not have enough accrued vacation or PTO to cover the closure must still be paid their full weekly salaries.
- Maryland does not require reporting pay.
Unless you are in a union, an employer can require you report to work and subject you to discipline if you do not. However, an employer should not require you to violate any law in ordering you to show-up for work, unless of course you work in an essential position. There may be several other exceptions. Lebau & Neuworth attorneys stand ready to answer any more specific questions on this subject. Stay safe!
