Ian Alert: If My Office Is Closed Due to a Hurricane, Am I Entitled To Be Paid?

It's that most awful time of the year, that is, time to re-run this popular and necessary column. I hope you make out okay in Hurricane Ian and suffer no damage. However, you may be wondering if you're getting paid.

Whether you’re entitled to be paid when the office is closed depends on whether you are “exempt” salaried or not. Just being salaried doesn’t necessarily mean you aren’t entitled to overtime. It’s possible to be salaried and still non-exempt from the requirements of the Fair Labor Standards Act. Many employers misclassify employees as exempt to avoid paying overtime. If you work more than forty hours per week, it’s better to be non-exempt. But in the case of weather and emergency closings, it’s probably better to be exempt.

Exempt employees: If you’re exempt and you worked any portion of the work week, you have to be paid your entire salary, whether or not the office is closed for a natural disaster such as hurricane, snow, tornado, or flood. Further, Department of Labor regulations state, “If the employee is ready, willing and able to work, deductions may not be made for time when work is not available.” This would include natural disasters, so if you are able to work after a storm then you must be paid even if you didn’t work any portion of the week. If you can’t get there on time or have to leave early due to the flooding but the office is open, they can’t deduct for any partial days you worked.

Vacation time and PTO: Your employer can deduct from your vacation time or PTO for the time taken. However, if you have no accrued vacation or PTO time available, they still can’t deduct from your pay if you’re exempt.

Non-exempt employees: If you are non-exempt, then your employer doesn’t have to pay for the time the office is closed. However, if your company takes deductions and you’re a non-exempt salaried employee it may affect the way overtime is calculated.

Who Is Exempt?: You’re not exempt unless you fall into very specific categories, such as executives, administrative employees, or learned professionals. Plus, your job duties must fall within those categories, not just your title. In addition, your employer must treat you as exempt by not docking your pay when you miss work. This is one of those rare times when it's better to be exempt, so it's the one time you can be glad that President Obama's overtime expansion was gutted.

Pay For Reporting To Work: If you report to work after a natural disaster, only to find out that the workplace is closed (assuming they didn’t notify you), many states have laws that require your employer to pay you a set minimum amount of time if you show up as scheduled. Florida has no such requirement (so maybe it’s a good time to start complaining to your legislators). If it veers nortn, South Carolina has some protections for state employees but none that I've found for private sector employees.  North Carolina does have a law regarding employer adverse weather policies (they aren't required to have them though):

If an employer does establish an adverse weather condition policy, then pursuant to N.C.G.S. §95-25.13(2), the employer must: "Make available to its employees, in writing or through a posted notice maintained in a place accessible to its employees, employment practices and policies with regard to promised wages." The employer must comply with its own adverse weather policy until such time as the employer changes its policy in writing, notifies its employees of such changes prior to the effective date, and does not take away retroactively any benefits already earned, pursuant to N.C.G.S. §95-25.13(3).

Disaster Unemployment Benefits: If your state is declared a disaster, you may qualify for disaster unemployment assistance. If your state gets hit, here's where to start searching to see if you can get disaster unemployment assistance. It may take a couple days to update, so keep checking. I checked before posting and the Ian-affected areas weren't there yet.

If you’re hit with a big storm, get in touch with your supervisor or manager as soon as possible to find out whether or not you’re expected to be at work. If you can’t get in touch with anyone, then only go in if it’s safe for you to do so.

Job Or Self-Employment Lost Because Of Hurricane? You May Qualify For Disaster Unemployment Assistance

Folks who normally don't qualify for unemployment assistance, such as business owners, may qualify for Disaster Unemployment Assistance if they are unable to work due to one of the hurricanes that hit the U.S. Even if you only lost your job for a short time, you should look into this. It's your money, after all. This is part of what your payroll taxes have been paying for.

Here's what the Benefits.gov website says about who qualifies:

In order to qualify for this benefit your employment or self-employment must have been lost or interrupted as a direct result of a major disaster declared by the President of the United States. You must have been determined not otherwise eligible for regular unemployment insurance benefits (under any state or Federal law). 

Payment will be made to an unemployed worker, who as a direct result of a Presidentially declared major disaster: 

• No longer has a job.
• Is unable to reach their place of work.
• Cannot work due to damage to the place of work.
• Becomes the head of the household and is seeking work because former head of household died as a result of the disaster.
• Cannot work because of a disaster-incurred injury.

You have to apply in the state/territory where you live. Each state/territory has its own site for applying.

To apply for Disaster Unemployment Assistance in Florida, start here. Here's the announcement about it. You only have until October 16 to apply. Florida's announcement says you qualify if you:

• Worked or were self-employed or were scheduled to begin work or self-employment;
• Are not able to work or perform services because of physical damage of destruction to the place of employment as a direct result of the disaster;
• Can establish that the work or self-employment they can no longer perform was their principal source of income;
• Do not qualify for regular unemployment benefits from any state;
• Cannot perform work or self-employment because of an injury as a direct result of the disaster; or
• Became the breadwinner or major supporter of a household because of the death of the head of household.

 Texas's announcement is here. You have until October 30 to apply. You can apply here.

Georgia's site for applying is here. You have until October 19 to apply. The announcement is here.

The list of disaster assistance available for Puerto Rico is here, and it includes disaster unemployment assistance. I haven't found any announcement yet. Deadline is 30 days from the announcement. Puerto Rico's unemployment compensation websites appear to be down, but a list of them is here.

The list of disaster assistance available for the U.S. Virgin Islands is here and it also includes disaster unemployment assistance. I haven't found the announcement yet. Deadline is 30 days from the announcement. USVI's unemployment compensation website is here.

If My Office Is Closed Due To A Hurricane Do I Get Paid?

With Texas recovering from Harvey and Irma bearing down on Florida right now, I thought I'd re-run this popular and necessary column.

Whether you’re entitled to be paid when the office is closed depends on whether you are “exempt” salaried or not. Just being salaried doesn’t necessarily mean you aren’t entitled to overtime. It’s possible to be salaried and still non-exempt from the requirements of the Fair Labor Standards Act. Many employers misclassify employees as exempt to avoid paying overtime. If you work more than forty hours per week, it’s better to be non-exempt. But in the case of weather and emergency closings, it’s probably better to be exempt.

Exempt employees: If you’re exempt and you worked any portion of the work week, you have to be paid your entire salary, whether or not the office is closed for a natural disaster such as hurricane, snow, tornado, or flood. Further, Department of Labor regulations state, “If the employee is ready, willing and able to work, deductions may not be made for time when work is not available.” This would include natural disasters, so if you are able to work after a storm then you must be paid even if you didn’t work any portion of the week. If you can’t get there on time or have to leave early due to the flooding but the office is open, they can’t deduct for any partial days you worked.

Vacation time and PTO: Your employer can deduct from your vacation time or PTO for the time taken. However, if you have no accrued vacation or PTO time available, they still can’t deduct from your pay if you’re exempt.

Non-exempt employees: If you are non-exempt, then your employer doesn’t have to pay for the time the office is closed. However, if your company takes deductions and you’re a non-exempt salaried employee it may affect the way overtime is calculated.

Who Is Exempt?: You’re not exempt unless you fall into very specific categories, such as executives, administrative employees, or learned professionals. Plus, your job duties must fall within those categories, not just your title. In addition, your employer must treat you as exempt by not docking your pay when you miss work. This is one of those rare times when it's better to be exempt, so it's the one time you can be glad that President Obama's overtime expansion was gutted.

Pay For Reporting To Work: If you report to work after a natural disaster, only to find out that the workplace is closed (assuming they didn’t notify you), many states have laws that require your employer to pay you a set minimum amount of time if you show up as scheduled. Florida has no such requirement and neither does Texas, (so maybe it’s a good time to start complaining to your legislators).

Disaster Unemployment Benefits: If you live in certain counties in Texas, you may qualify for disaster unemployment assistance. If your state gets hit, here's where to start searching to see if you can get disaster unemployment assistance.

If you’re hit or have already been hit with a big storm, get in touch with your supervisor or manager as soon as possible to find out whether or not you’re expected to be at work. If you can’t get in touch with anyone, then only go in if it’s safe for you to do so.


Stay safe!