Most companies have no trouble making plans for securing their buildings and making sure their data is backed up, but they shouldn't forget they also need a clear hurricane policy for employees, labor lawyers say.
Last year, local lawyers were inundated with questions about pay and leave policies as storms approached. But it's better to have figured out - and posted - those policies well in advance, said Miami-based lawyer Mark Cheskin.
"I would advise [everyone] to think through not only what happens after a storm but also what you are going to do with your workforce before so that it's fair and everybody understands the rules, " said Cheskin, who heads the Florida labor and employment law practice for Hogan & Hartson.
PLAN AHEAD Figure out a game plan for the days leading up to a storm and how flexible you are going to be about employees missing work for personal hurricane preparations. If you're expecting employees to work a normal schedule, make sure everyone knows that ahead of time. As the storm is approaching, use common sense whenasking employees to report to work. Several lawyers consulted by The Miami Herald said there are no specific laws that would prohibit an employer from asking workers to come in during a storm, but a good rule of thumb is if the people in charge of the business don't want to be out on the roads, no employee should have to be.
FAIR TREATMENT "You don't want to be in front of a judge or jury . . . when you treated someone unfairly because of a hurricane threat, " Cheskin pointed out. This year, companies have new guidance on how to pay salaried employees who miss work because of hurricanes. According to a Department of Labor opinion issued last December, a company can force a salaried worker to use vacation time to make up for missed work before, during or after a storm. The directive only applies to situations where companies are shut for less than a full work week because of bad weather. Although that's the new guidance, many labor lawyers caution that following it to the letter may cause serious damage to employee morale - especially when a business is shut after a storm.
BE GENEROUS "If it's not a budget buster, go ahead and pay the salary, " advised Michael Casey, with Epstein Becker & Green. Casey points out that with salaried workers, the general philosophy is that they aren't paid overtime if they work more than 40 hours, so if they work less than 40 hours, they still are owed the same salary.
The opinion only pertains tosalaried workers who do not qualify for overtime pay. Traditionally, hourly workers are paid only for time actually worked.
Many have considered the law to be "business friendly." But there is some good news for workers. Employees who have already used up all their vacation time, or who wouldn't have enough to make up the difference, still must be paid their salary for the entire week.
