2017 brought an unnerving array of natural disasters, from hurricanes and floods to earthquakes and wildfires. Employers and their employees are often greatly affected by these events, given that they can shut down operations, cause injuries or illness, and impact employees' ability to report to work. With the start of this year's hurricane season just a few months away, below is a checklist of key employment law issues that may arise not only during the immediate aftermath of a disaster, but also in the days, weeks, and months that follow.

  • Nonexempt Employees. Nonexempt employees are paid for work performed. Nonexempt employees will likely earn overtime compensation as increased demands are placed on them to cover for other employees. If employees work from home or do other work away from the business premises, they must be compensated. If an employee cannot make it to work due to disaster-related transportation issues, that may be considered an absence for personal reasons under the Fair Labor Standards Act (FLSA) (so long as the employee does not work from home).
  • Exempt Employees. Exempt employees must still be paid for an entire week if they work any portion of a workweek and even if the location is closed for part of the week because of a natural disaster. If the facility is closed for one week or more, the employer has no obligation to pay exempt employees if they do not perform any work.
  • Recordkeeping. The FLSA does not provide relief from its recordkeeping requirements because of weather-related emergencies. Employers must still maintain time records, and should instruct employees who routinely track time electronically to manually record the time they have worked.
  • WARN. The Worker Adjustment and Retraining Notification (WARN) Act includes an exception for natural disasters when a plant location closes due to a natural disaster. Nevertheless, if possible, an employer will want to follow the law's notification requirements.
  • FMLA. Employers may need to grant qualifying employees leave under the Family and Medical Leave Act (FMLA) if they have developed a serious health condition as the result of a natural disaster. Employees may qualify for leave if they need to care for a spouse, parent, or child suffering from a serious health condition caused by the disaster.
  • Benefits and Continuing Coverage. Employers continuing coverage for their employees should contact their benefits vendors to determine how and to what extent coverage is to be maintained. These vendors often have specific hotlines during a disaster since life, health, and disability coverages will be impacted.
  • Workplace Safety. Employers must protect their employees from unreasonable dangers. During natural disasters, employers should ensure the safety of their employees who are working in and around the workplace. In particular, employers should protect employees from unreasonable exposure to hazards that may be present as a result of a natural disaster, such as slip and fall hazards, electrical exposures, and even exhaustion from working extended shifts.
  • Emergency Responders. Some employees may be members of the National Guard or volunteer responders that may be called up for duty by the state governor or president of the United States. Job protections are in place for these employees and some state laws may be implicated to address unique situations.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.