March 2, 2020

Unless you are living under a rock and are (or were until now) blissfully unaware, you have likely heard of the recent outbreak of coronavirus (COVID-19).  What you may be less certain of is how the disease impacts wage and hour laws.  If you reduce a non-exempt employees’ schedule or temporarily close a location, you do not need to pay that non-exempt worker for time they performed no work unless there is another agreement in place like a collective bargaining agreement or other contract.  Exempt employees who are completely relieved of performing any duties during a closure are also not required to be paid for that workweek.  Further, if an exempt employee is absent from work due to an illness, an employer may deduct full-day absences from the exempt employee’s pay if the deduction is made in accordance with an existing paid sick leave policy and the exempt employee did not perform any work.  For more information about how employers can respond to and prepare for an expanding outbreak: check out our blog here.  You can also contact our attorneys at myHRcounsel for additional guidance.