This article is reprinted with permission from the Daily
Business Review.
Unlike some states, Florida has no law which prohibits employers
from taking action against employees who refuse to work because of
an impending hurricane. But, when a hurricane or other emergency
occurs, numerous federal employment laws are implicated.
Employee Pay
When a natural disaster causes a reduction of work hours, the
Fair Labor Standards Act—the federal wage-hour
law— is implicated. The FLSA requires employers to pay
non-exempt employees only for hours that the employees have
actually worked. Therefore, an employer is not required to pay
nonexempt employees if the employer is unable to provide work to
those employees due to a natural disaster. An exception to this
general rule exists when there are employees who receive fixed
salaries for fluctuating work weeks. These are non-exempt employees
who have agreed to work an unspecified number of hours for a
specified salary. An
