Snow Days & Local State of Emergency in NYC: What the Law Actually Requires Employers to Do

When New York City declares a local state of emergency due to severe weather, many employees assume it automatically becomes a paid day off.In reality, wage obligations depend less on the emergency declaration itself and more on federal wage rules, New York reporting-pay regulations, and company policy.

During a major snowstorm, NYC may restrict travel, close schools and city offices, and require non-essential employees to work remotely. For example, a recent emergency order closed streets to non-essential traffic and required essential workers to report while allowing others to telework.

What the declaration does not do is create a wage-payment mandate for private employers. There is no NYC law that says: “Snow day = paid day.”

The law that actually controls pay: federal wage rules

The key framework comes from the Fair Labor Standards Act:

Exempt (salaried) employees

If the employer closes due to weather, salaried employees generally must receive their full weekly salary if they worked any part of that week. Deducting pay because work was unavailable can jeopardize exempt status. Employers can require use of PTO but cannot dock salary in most cases.

Non-exempt (hourly) employees

Hourly workers typically must be paid only for hours actually worked, even when closures are caused by severe weather or emergencies. A state of emergency alone does not change that rule.

The New York rule many employers overlook: reporting (“call-in”) pay

New York wage orders create an important exception. If a non-exempt employee reports to work (or is told to report) and the workplace is closed or they are sent home, they may be entitled to at least four hours of pay at minimum wage (or the scheduled shift, whichever is less). This rule often applies during weather emergencies.

Travel bans and inability to get to work

In the event that employees cannot legally travel the absence is still treated as non-worked time. The emergency affects attendance expectations, not wage entitlement.

The real risk

The biggest risk during snow emergencies is not ice covered roads but often comes from poor communication, rigidity and unclear policy.

Snow days melt, but policies stick! When drafting a Snow Day Policy make sure to keep employees safe, paid appropriately and communicate clearly.