Hurricane season usually blows in with an added dose of stress for employee-employer relations. What happens to workers when the office has been knocked out of commission? How do you get work done if employees can't get past the downed trees in their driveways?
Many answers depend on whether you are a salaried or hourly worker and the details of your employment contract. The Miami Herald polled labor law experts for help with the stormier questions.
Q: If a business is damaged and unable to open after a hurricane, must employees be paid for missed days?
A: Non-exempt workers -- those who are paid by the hour -- can have their pay docked for the time a business is forced to close due to a hurricane. Exempt employees (salaried workers) must be paid even if the business is shut down. However, if the business is closed for the entire work week, then an employer can deduct the entire week's pay from exempt employees also. (Dan Levine, a partner with Shapiro, Wasserman & Blasi in Boca Raton and Hollywood)
Q: What if the business is open but employees cannot make it to work for reasons beyond their control, for example, they cannot find gasoline or roads are blocked?
A: If the business is open and employees cannot or do not come to work, it can be considered an absence due to "personal reasons." Full-day salary deductions would be permitted. (Denise Bleau with Buckingham, Doolittle & Burroughs in Boca Raton)
Q: Can employees be required to work from home or a different location if their primary workplace is closed due to hurricane damage?
A: Yes. Employees can be asked to work from home or a remote location. (Levine)
Q: Can employees be asked to work overtime or on weekends to make up for time lost due to hurricane closure?
A: Yes and no. If a business is closed Monday through Wednesday due to storm damage, an employer could ask workers to make up the lost time by working more hours Thursday through Sunday of the same week. However, the business owner would not be able to force employees to log an additional 24 hours the following week without paying overtime. (Sherrill Colombo with Cozen O'Connor in Miami)
Q: If employees miss work either because the establishment is shuttered or they can't make it to work, do business owners have any recourse?
A: Yes. Employers may deduct missed time from vacation or paid time-off accounts. If employees do not have enough leave in their accounts, their salary may not be reduced, unless otherwise permitted under the circumstances described above. (Levine)
Q: Can employees be required to work during a hurricane?
A: The employer may violate the Occupational Safety and Health Act by requiring employees to remain at work during a hurricane and by failing to provide a safe workplace. Employees may have a right to refuse to do a job if they believe they are exposed to imminent danger. (Bleau)
