Can Employers Legally Require Employees To Work During a Driving Ban in New York State?
Winter has finally hit New York State with full force. A major lake-effect snowstorm, blowing in from Lake Erie and Lake Ontario, has dumped several feet of snow across the state.
While some areas only saw a few inches, others have been hit with as much as four feet, paralyzing parts of the state. The Governor has already declared a State of Emergency in parts of Western New York, where the snowstorm’s impact is the heaviest.
When heavy snow like this falls, travel becomes difficult, but not always impossible. In the past few days, state officials have closed parts of the New York State Thruway, and local communities have put in place travel advisories and road closures to keep drivers off dangerous roads.
The goal is to keep people safe, preventing them from driving unnecessarily in risky conditions.
In these dangerous conditions, there’s always a concern about the number of people still traveling when they shouldn’t be.
Emergency services, including police, firefighters, and paramedics, often risk their safety to help people stuck on the road. When too many people are on the road in bad weather, the chances of accidents or the need for emergency services go up, putting everyone at greater risk.
Because of this, travel bans are sometimes enacted. A driving ban legally prohibits non-essential vehicle travel, meaning you can’t just drive around when it’s unsafe. But does this ban affect your job? Can your employer force you to work during a driving ban?
Can Employers Force You To Work During A Driving Ban?
The short answer is: no, they cannot. In New York State, if a travel ban is in place, it is illegal for employers to require their employees to come to work unless they are deemed essential workers or are traveling for an emergency.
The law is clear about this. Both the New York State Department of Labor and the National Labor Relations Act protect employees during these times.
Employers are not allowed to retaliate against workers who choose not to travel in dangerous weather conditions. This includes cases where the employee’s safety could be compromised during a driving ban.
It’s important to understand that if you are caught traveling during a driving ban, you could also face legal trouble. Local police and sheriffs have the authority to charge drivers with misdemeanors for breaking travel bans, which could lead to fines or other legal consequences.
So, if you’re in New York and your employer tries to force you to work during a travel ban, remember: they can’t legally do that. Your safety comes first, and the law is on your side.
If you are unsure about your rights, you can always reach out to the New York State Department of Labor for guidance.
In summary, during severe weather and travel bans, employees in New York are legally protected from being forced to work.
Employers need to respect the law, and employees should be aware of their rights to avoid unnecessary risk and potential legal consequences. Stay safe, and remember: if the roads are closed for your safety, don’t take the risk just to go to work.
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