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SPHR · Question #132

Employees experience catastrophic damage to their homes after a hurricane causes massive flooding. In addition, a mandatory evacuation order closes the local office for three days. Some nonexempt empl

The correct answer is C. If they show up and are asked to wait onsite until the situation is assessed. The organization is required to pay nonexempt employees if they show up and are asked to wait onsite until the situation is assessed (C). Under wage and hour principles, nonexempt employees must be paid for hours worked, which includes time spent engaged to wait. If employees are

Employee & Labor Relations

Question

Employees experience catastrophic damage to their homes after a hurricane causes massive flooding. In addition, a mandatory evacuation order closes the local office for three days. Some nonexempt employees show up at the office after the evacuation order is lifted. When is the organization required to pay them?

Options

  • AIf they report to work even if told there is no work for them
  • BFor any hours they were scheduled to work even if sent home early
  • CIf they show up and are asked to wait onsite until the situation is assessed
  • DIf they are sent home subject to recall when the facility is safe

How the community answered

(58 responses)
  • A
    3% (2)
  • B
    10% (6)
  • C
    72% (42)
  • D
    14% (8)

Explanation

The organization is required to pay nonexempt employees if they show up and are asked to wait onsite until the situation is assessed (C). Under wage and hour principles, nonexempt employees must be paid for hours worked, which includes time spent engaged to wait. If employees are required to remain on-site, even without performing active work, that time is compensable because it is controlled by the employer and primarily benefits the organization. This includes waiting for instructions, assessments, or decisions. Simply reporting to work (A) does not require pay if employees are immediately sent home and perform no work. Scheduled hours (B) are not automatically paid for nonexempt employees unless work is performed or required waiting occurs. Being sent home subject to recall (D) is not compensable if employees are free to use the time for their own purposes. SPHR exam content emphasizes correct application of wage and hour rules during emergencies, particularly distinguishing between "engaged to wait" (paid) and "waiting to be engaged" (unpaid).

Topics

#FLSA#nonexempt pay#wage and hour#disaster pay

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