Tag Archives: Hurricane Irma

WAGE AND HOUR LAWS TO KEEP IN MIND IN THE AFTERMATH OF HURRICANE IRMA

In the aftermath of Hurricane Irma, employers in impacted areas in Florida are working to try to get their businesses back up and running as quickly as possible.  When engaging in these efforts, employers need to remember that there are certain legal protections for employees when faced by this type of natural disaster.

  • Wage and Hour Requirements
    • Exempt Employees: If the business closed for less than a full workweek and your exempt employees performed any work during that workweek, then under the Fair Labor Standards Act, employers are required to paid their exempt employees for the days that the business is closed (i.e. for the entire workweek).If, however, the business remains open and an exempt employee does not come into work, then the exempt employee does not have to be paid for the day.  Instead, it is treated as an absence for personal reasons.  But, if the exempt employee arrives late or leaves early, then he must be paid for the full day of work.

      Finally, if the exempt employee works from home in lieu of coming into work, then he must be paid for the entire workweek.

    • Non-Exempt Employees: Under the FLSA, employers are not required to pay non-exempt employees who do not report to work as the result of a natural disaster.The only exceptions to this rule are (1) if employees are paid under a fluctuating workweek or (2) if there is a collective bargaining agreement in place that requires payment under these circumstances.

      Finally, if a non-exempt employee works from home in lieu of coming into work, then he must be paid for all hours worked.