Can Your Job Make You Come To Work During A Driving Ban?

The last few days have seen some pretty wild weather in the Buffalo and Western New York area. While we had a decent fall, cold and snow have come back with a big way and are leaving their mark all over the region. There is a state of emergency still in effect in some parts of the Empire State, and some major winds are blowing into town right now.

According to the National Weather Service, Buffalo was hit some some hurricane-force winds that have caused damage all over the area. From downed trees and power outages to all kinds of flooding and road closures, Buffalo is getting lots of winter.

While the weather has been treacherous for the last couple of days, it has not been unmanageable. Local, county, and state government officials have been working together to make sure the region is prepared if things get bad, and while we've seen some snowfall and big winds, things aren't terrible yet.

Because things aren't dangerous yet, officials have issued several warnings and watches, including a travel advisory, but so far, it's mostly business as usual for those looking to travel the roads. While New York State Thruway and various other highways are closed to empty trailers and tandem trucks, the roads are largely passable. Even though a driving ban has not been enacted, it's important to take due care when on the roads.

KEEP READING: Pending Winter Storm Forces New York State Thruway Closures

But, if things do get really bad, officials have reserved the right to issue a driving ban and close roads to all non-essential travel. When, and if, 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 Job 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.

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