This page explains how to pay employees during rolling blackouts or power failures.

Sending Employees Home Due to Power Outages

If there is a power outage, you can send employees home. Pay requirements differ for exempt and nonexempt employees.

Reporting time pay requirements do not apply when public utilities fail to supply electricity, water or gas, or there is a failure in the public utilities or sewer system. If you send a nonexempt employee home because of a power outage, you would only pay that employee for the time they actually worked that day.

If an exempt employee worked any part of the day, they are entitled to a full day’s pay if sent home due to a power outage. You cannot make a deduction for the portion of the day not worked.

Calling Employees Back to Work After a Power Outage

If power is restored, you can call employees back to work to finish the rest of their shift. The normal reporting time pay requirement — a minimum of two hours of pay for the second reporting in a single day — doesn’t apply when public utilities fail to supply electricity, water or gas, or there is a failure in the public utilities or sewer system.

Requiring Employees to Remain at Work During a Power Outage

You can require employees to remain in the workplace to wait for power to return. However, even if employees do not perform any work, you must pay them for the time spent waiting for power to be restored because they remain under your control.

If the power goes out near a scheduled meal period, you can take employees off the clock for a meal break for up to one hour. If power is still out when the break is over, you can require employees to wait it out in the workplace or send them home for the day.