Can Companies Require Employees To Work During A Driving Ban?

We held out for quite a while, but it seems that winter has finally arrived in New York State. A big lake-effect snowstorm blew into the Empire State from Lake Erie and Lake Ontario and dropped several feet of snow on various parts of the state.

While some areas only saw a few inches, other areas of the state saw four feet or more of snow, crippling some areas of the state and essentially forcing the Governor to enact a State of Emergency in parts of Western New York. When so much snowfall impacts an area, it often makes travel difficult, but it is not flat-out impossible. We saw that over the last few days, as state officials closed the New York State Thruway and various communities enacted travel advisories and road closures to keep drivers off the roads and keep them safe.

The general idea is that if people travel in dangerous conditions unnecessarily, they put themselves in danger. This forces emergency services like Police, Firefighters, and Paramedics to come out to attempt to rescue them, causing an even more dangerous situation.

Because of this, driving bans are often enacted. When a driving ban is enacted, all non-essential vehicle travel is legally prohibited. However, just because the government says you can't drive doesn't mean some people and/or companies won't attempt to force their workforce to come in for a shift, even when it's unsafe.

That begs the question, is it legal for companies to do this?

Can My Employer Force Me To Come To Work When There Is A Driving Ban

Unless you are deemed an essential employee or are traveling for some emergency, it is illegal in New York State for a company to force an employee to come to work when there is a driving ban.

New York State law applies when the company or business is in a travel-banned area or if the employee lives in a travel-banned area.

Both the National Labor Relations Act and the New York State Department of Labor have issued directives that state an employer cannot retaliate against an employee who acts in good faith when there are inclement travel conditions on the roads. In addition to being extremely dangerous to travel during a travel ban, you also risk being charged with a misdemeanor by local police and sheriffs.

If you have questions about your rights as an employee in New York State or the requirements of employers, you can contact the New York State Department of Labor for more information.