The scale of disruption is significant. According to The Wall Street Journal, the storm stretched 2,000 miles and put 200 million people in its path. By January 28, over 11,000 flights had been cancelled, and electricity outages approached 1 million customers—with the South particularly hard hit. In Nashville alone, nearly 200,000 customers lost power, with The New York Times reporting that restoration could take "days or longer."
Several governors took preemptive action. Massachusetts Governor Maura Healey declared January 27 a "remote-work day for non-essential state employees" and urged private employers to do the same. New York Governor Kathy Hochul declared a state of emergency and authorized all state employees to work remotely. New York City schools opted for remote learning instead of a traditional snow day.
For employers, these conditions raise immediate questions: Who gets paid when work shuts down? What are our safety obligations? And how do we handle employees who can't make it in—or can't work at all?
The answer depends on whether employees are exempt or non-exempt under federal law—and state laws may add additional requirements.
For non-exempt employees who are unable to work at all due to inclement weather, employers are not required to pay them under federal law for time not worked. However, employers should familiarize themselves with state and local laws, which may have stricter requirements than federal standards.
Exempt employees present a different situation. These workers typically must be paid their full salary for any week in which they perform any work—even if weather prevents a full schedule. There are limited exceptions, but the default expectation is that salaried exempt employees receive their full pay.
The key takeaway: employers need to understand their workforce classification and review both federal and state requirements before making pay decisions during weather events.
While there is no federal law requiring that employers take specific precautions due to cold weather, employers do have a legal obligation to maintain a workplace free from hazards under OSHA's General Duty Clause, according to legal experts at Fisher Phillips.
Ahead of inclement weather, experts recommend employers conduct a hazard assessment to determine what steps will protect their staff from freezing temperatures. This includes considering "tangential issues"—risks created by employees wearing additional protective clothing. For example, thick winter gloves that keep workers' hands warm could get caught in machinery.
For employers with workers who must be on-site during winter weather, safety planning should be proactive rather than reactive.
Clear policies prevent confusion and protect both employers and employees when weather disrupts normal operations.
"All employers with brick-and-mortar facilities should consider establishing inclement weather policies, especially if there is any requirement to work in the office," says Joe Mulherin, an attorney at McDermott Will & Emery, via SHRM. "Creating inclement weather policies helps prevent confusion among employees and can potentially reduce disruption to business operations."
Experts say well-defined inclement weather policies serve two critical purposes: reducing workflow disruption and ensuring wage and hour compliance. Without a policy in place, managers may make inconsistent decisions that create legal exposure or employee resentment.
Beyond legal compliance, winter storms present an opportunity to demonstrate organizational values in action.
"Being a good employer this week costs very little, but earns a lot of goodwill," says Sarah Brock, an HR consultant, via Inc..
Experts emphasize that employers should focus on safety—not on "who suffered the most to log on." When employees see that their employer prioritizes their wellbeing over rigid attendance tracking during dangerous conditions, it builds trust and loyalty that persists long after the snow melts.
The practical guidance: be flexible, communicate proactively, and err on the side of employee safety when conditions are genuinely hazardous.
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