Employer Disaster Plans including Hurricane Season

So as Marco and Laura plan to make landfall in the Gulf this week and it seems like a good time to talk about employer plans for Hurricanes or other natural disasters. Some things you cannot plan for when it comes to natural disasters, but some planning such as the development of practical policies or procedures can be done and are a key part to aiding the employer and the workforce during the unpredictable development of a natural disaster.

For example, procedures and policies for postponement or cancellation of work is helpful so that the employee knows if they are expected to come into work or what the employer’s notification policies. Some initial processes to address:

1) Who is the contact for the Company for the employees and what is their contact info,

2) How will employees be notified (text, email, phone call or virtual posting etc.), and

3) What is the requirement for the employees to check in with the employer before, during and after the disaster.

You may have all of this laid out in your handbook, but now is a good time to reeducate the employees reminding them of these policies and procedures or update them if you have adjustments.

A large piece of the above steps working is having a way to communicate with the employees when they are not at work and having updated contact information for them. Employees can become displaced or lose some forms of internet and electricity so keep in mind possibly different methods and backup methods for you to communicate with them as the employer or they to communicate with you.

It maybe necessary for some essential workers to come in ahead of a disaster like a storm due to the nature of the employer’s work and not being able to reach employees effectively could interfere with preparing and obtaining the work force needed for a company to perform during a natural disaster or directly thereafter. Some employers may need to remove the workforce to a remote location due to unavailability of the worksite or teleworking some individuals in order to keep the business operating. These can be planned and set forth in the disaster plans and procedures ahead of time so those steps can be implemented depending on the circumstances.

The payment of wages is also something to be aware of as an employer works through the natural disaster or has a lack of work due to the disaster. The U.S. Department of Labor (DOL) has talked about Employment and Wages during natural disasters and recovery as it applies to the non-exempt hourly worker under the Fair Labor Standards Act (FLSA). The FLSA generally applies to hours actually worked for the non-exempt hourly worker. When a natural disaster like a hurricane causes the non-exempt hourly employee to only work a partial week, the DOL states it does not generally require employers who are unable to provide work to employees due to the natural disaster to pay the non-exempt employee for hours the employee would have otherwise worked.

Now, the DOL also explains how exempt employees maybe paid depending on the leave policies, available PTO, vacation or the timing of the workplace being closed. The FLSA also generally requires payment for waiting time, so if an employee is waiting on the premises for access to a part of the worksite or waiting for the power to return then this would generally be considered compensable time as acknowledged by the DOL. (Visit DOL here)

Employers maybe under state or other local requirements and the non-exempt employee maybe eligible for unemployment compensation or other disaster related assistance at a federal, state or local level. Employers may also need to consider whether an employee is eligible for FMLA during a natural disaster depending on the circumstances if the employee needs to care for a child, spouse or parent with a serious health condition.

These are just a few of the parts an employer may want to think about as they solidify their policies and procedures in preparation for dealing with natural disaster including tropical storms and hurricanes like Marco and Laura.