Workplace rules during storms: Florida employers' guide

Business Journals

2 days ago

Story Highlights Florida employers must balance operational needs with employee safety during storms.
Pay requirements differ for exempt and non-exempt employees during closures.
Employers should have clear hurricane policies outlining employee expectations.
As hurricane season approaches, Florida employers must plan for more than just physical preparations. Operational disruptions, workplace safety and wage-and-hour compliance all become critical issues. It pays to consider the following:
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Can employers require attendance during a storm?
Florida is an at-will employment state, meaning employers generally can require employees to report to work or be terminated. However, they should balance operational needs with local evacuation orders and employee safety. Under OSHA, employers are required to provide a workplace free from recognized hazards. If an employee refuses to work due to unsafe conditions, they may be protected.
Are employers liable if an employee is injured during a storm?
Storm-related injuries sustained while working typically are covered under workers' compensation. However, injuries occurring during an employee's ordinary commute to work generally are not compensable — unless the employee was on a special assignment for the employer or otherwise considered working at the time. Still, employer negligence that contributes to an employee's injury while commuting could create liability (for example a company car that's not maintained properly). Accordingly, caution always is advised.
Must employees be paid if they miss work due to a storm?
Under the Fair Labor Standards Act (FLSA), non-exempt employees need be paid only for hours actually worked. Accordingly, if the worksite is closed for any reason due to a storm, no pay is required unless work is performed. On the other hand, exempt employees must be paid their full salary for any week in which work is performed, unless the absence is for a full day, in which case a full day deduction may be made from the employee's salary. Partial-day deductions are not permitted from an exempt employee's salary, although they may be made from the employee's sick leave bank if available.
Can employees work remotely?
Employers may allow remote work before, during or after a storm. If so, hours must be accurately tracked, manually if necessary, considering the possibility of power outages.
What about disabled employees?
Employers are required under the ADA to accommodate disabled workers reasonably. This might include providing flexible work schedules or remote work options to disabled employees who might need additional assistance during a storm. Employers also should ensure workplace safety measures address the unique needs of mobility-impaired or medically vulnerable employees during and after a storm.
Is storm-related leave required?
Florida law does not mandate storm-specific leave. However, employers often allow use of PTO or unpaid time to employees in need. In some cases, the Family Medical Leave Act may apply — such as when an employee or family member experiences a serious health condition resulting from the storm.
Lastly, do you have a hurricane policy?
A clear, updated hurricane policy should outline expectations for all employees before, during and after a storm. It should include communication protocols, designate emergency broadcasts to monitor and name two or more contact points to ensure continuity. Effective communication is key — especially during power outages.
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John J.K. Keller IV, partner with Allen Norton & Blue law firm
Allen Norton & Blue
John 'J.K.' W. Keller IV and York M. Flik are shareholders with Allen Norton & Blue, a statewide firm devoted exclusively to the practice of labor and employment. They can be reached at [e-mail] and [e-mail].
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York Flik, partner with Allen Norton & Blue law firm
MICHAEL CAIRNS
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