As you have no doubt seen in the news, and may have even experienced first-hand, there have been extreme weather conditions throughout the country, including fires, hurricanes, tornadoes, and floods. When natural disasters strike and employees cannot work because of them, companies are faced with numerous employment-related issues that require immediate attention. In addition to various federal laws being implicated, including those below, state-specific employment laws may also be triggered, and a unionized workforce may also prompt additional considerations.
The Federal Fair Labor Standards Act (“FLSA”) sets minimum wage and overtime rules for non-exempt employees, and these employees are usually paid by the hour. Because non-exempt employees only need to be paid for their hours actually worked, if a non-exempt employee cannot make it to work or the employer temporarily closes its business due to a natural disaster, the employer is not required to pay the non-exempt employee. There is a limited exception to this rule when non-exempt employees are paid a fixed salary for fluctuating workweeks.
In addition, if non-exempt employees are required to spend time waiting to perform work, either on the company’s premises or off-site, that time is compensable. For example, if an employee is required to remain at the office until the company decides whether to close early due to bad weather, that time is compensable. Further, if an employee is required to...
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