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1. Is the city required to pay employees while the city is closed due to a disaster?

The answer depends on whether the employee is an exempt employee or nonexempt employee under the Fair Labor Standards Act (FLSA).  Generally, a city is not required to pay nonexempt employees if the city is closed, even if such employees would normally be scheduled to work.  See 29 C.F.R. § As a result, whether the city is closed for part of a day, part of a week, or a full week or more, the FLSA does not require the city to pay these employees for time they did not work. However, in instances where a nonexempt employee receives a fixed salary for fluctuating workhours (e.g. an employee who has agreed to work an unspecified number of hours for a specified salary), the city must pay such employee his or her full weekly salary for any week in which any work was performed.  See 29 C.F.R. §778.306. 

The city is required to pay an exempt employee his or her full salary if the employee works any part of a workweek in which the city is closed or cannot be reopened due to inclement weather or disaster for less than a workweek.  See 29 C.F.R. §541.602. For example, if the city is closed for only part of a week, and the exempt employee worked during that any part of that week, the city must a city is required to pay an exempt employee the employee’s full salary if the employee’s worksite is closed or cannot be reopened due to inclement weather or disaster for less than a full workweek.  29 C.F.R. §541.602.  If the city is closed for a full workweek and an exempt employee performs no work during that workweek, the city is not required to pay the exempt employee.  See 29 C.F.R. §541.602.

2. Can a city penalize an employee who leaves his place of employment to participate in an emergency evacuation order?

Texas law prohibits an employer from discharging or discriminating against an employee who leaves the employee’s place of employment to participate in a general public evacuation ordered under an emergency evacuation order or a local disaster declaration. See Tex. Lab. Code §22.002.  An employer who violates this provision is liable for any loss of wages and employer-provided benefits incurred by the employee as a result of the violation.  Id. at §22.003.  However, this provision does not apply to emergency services personnel, including fire fighters, police officers, emergency medical technicians, and other individuals who are required to provide services for the benefit of the general public in emergency situations, provided that adequate emergency shelter is provided for such individuals. Id. at §22.004.