Before Disaster Hits, Employers Must Assess Safety, Legal Risks
ere are five employment law-related issues that attorneys should address with their clients to help ensure they are ready for a disaster.
Safety
The Occupational Safety and Health Administration requires employers to maintain a safe workplace, even when facing natural disasters. Emergency action plans are essential, and they should anticipate regional threats. A plan should explain where employees will be during a disaster, when and how operations will close or reopen, and what safety protocols are in place for on-site or essential workers.
Wage and Hour Compliance
Before a disaster hits and in the hours, days, and weeks following it, clients will also need to follow the Fair Labor Standards Act on how employees must be compensated in such situations. Nonexempt employees must be paid for hours worked. If they're sent home or unable to work, pay isn't required - unless they're at work but can't perform duties, such as during a power outage. If telecommunicating or working from home is provided as a reasonable accommodation, the employer must pay nonexempt workers at least the minimum wage and at least time and one half the regular rate of pay for overtime hours.
Job Duties
Operating during a disaster or recovering from one may require employers to shift employees' duties, and that is allowed for employees ages 18 and over.
Requests for Leave
After the storm passes, many employees will deal with damaged homes, family needs, or personal trauma. While there's no legal requirement to provide time off for personal repairs, clients will need counsel on how the Family and Medical Leave Act and the Americans with
Disabilities Act may apply.
Layoffs
A disruption of business due to a natural disaster may force clients to trim their staff, either temporarily or permanently. If so, employers will need help following federal laws that prohibit discrimination. Employers may not discriminate against an employee because they have
requested or used FMLA or similar leave under state or local laws. The Worker Adjustment and Retraining Notification Act helps ensure advance notice in cases of qualified plant closings and mass layoffs.
This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client relationship.
For more information on this and other topics, please contact Kevin via any of the channels listed below:
📧 kevin@kmckernan.com | 📞 718-317-5007