In the wake of Hurricane Michael (and Hurricane Florence a few weeks ago), there is a daunting list of items for business owners to consider. While the welfare of family, employees, and your physical office inevitably top the list, other issues like returning to work and paying employees must now be considered as well. If you have any questions in regards to how to handle employee payment or other issues, feel free to contact our team of attorneys for employers in Tampa for guidance.
The Fair Labor Standards Act provides a set of rules that govern how employees are to be paid during and after natural disasters, like hurricanes, based on their employment level and activity. These are as follows:
Rules for Exempt Employees
Employers are required to pay the full salary for exempt employees if the office is closed or only open for part of the week due to inclement weather. Employers can make an employee use leave time for this purpose, if necessary.
Rules for Nonexempt Employees
Employers are only required to pay nonexempt employees for the time that they actually worked. If the office is closed due to a natural disaster, they don’t have to pay nonexempt employees.
Rules for Exempt Employees Who Do Not Come to Work
If an employer’s office is open and an exempt employee does not come to work, the employer may deduct leave for his/her vacation time or consider it a leave without pay. It’s also common practice to have employees “make up” time lost upon return to work. For additional advice on employee payment issues, like these and others, an employer defense attorney in Tampa would be a great person to speak with.
Rules for On-Call Employees
Employers are required to pay their on-call employees for all time accrued during a hurricane if they are on site or close to their work location.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.