What Are Employee Rights in Florida During a Hurricane?
During hurricane season in Florida, employees often have questions about their rights in the workplace. For example, do you have to report to work if your employer does not decide to close but you are at risk of injury due to the hurricane, or you and your family are in an evacuation zone? Or, for instance, if your employer does close and you cannot work, is your employer required to pay you for that time? And does the answer to that question change if your employer closes the physical office but either requires remote work or leaves open the option for remote work? These questions and more are often on the minds of employees when there is news that a hurricane is forming and could affect South Florida.
What do you need to know? Our Palm Beach Gardens employment law attorney can provide you with more information, and we can answer any questions you have today.
Employee Pay During a Hurricane
The issue of pay — and whether or not you are owed wages — during a hurricane will depend on a number of factors. Exempt employees who are salaried will need to be paid if a business is closed due to a hurricane. Employers cannot deduct from their wages due to a hurricane-related business closure. Your employer might be able to require you to use paid time off as an exempt employee, however. If a business is closed for more than a week, exempt employees do not have to be paid for an entire workweek but can use accrued paid time off. For hourly wage employees, if your employer closes the business due to a hurricane, you are not entitled to wages or pay for that time, unfortunately.
Job-Protected Rights During a Hurricane
What are your rights if your employer decides to keep the business open but you do not believe it is safe for you to come to work, or you do not believe you will be able to work due to a disability?
For employees with employment contracts, you may have termination clauses that govern the reasons for which you may be terminated. Based on your contract, a termination due to a refusal to work in a hurricane may not be included, so you may be safe. For at-will employees, you can be terminated at any time and for any reason unless the termination violates state or federal law. As such, you can likely be terminated for refusing to work unless you have a valid case concerning workplace safety issues under the Occupational Safety and Health Act (OSHA) or if your employer refused to accommodate you due to a disability under the Americans with Disabilities Act (ADA).
Contact Our Palm Beach Gardens Employment Law Attorneys Today for Assistance
Whether you have questions about pay or unpaid wages due to a hurricane, or concerns about leave or unlawful termination during a hurricane, one of the experienced Palm Beach Gardens employment lawyers at Sconzo Law Office can answer your questions today and discuss your options with you for filing a claim. Hurricanes can pose complicated employment law questions, but our firm is here to help ensure that you are paid fairly under the law and that you have recourse if you have faced unlawful discrimination. Contact us today to discuss your circumstances and to find out more about how we can assist you.
Source:
dol.gov/agencies/whd/flsa