With Dorian eyeing the Florida coast, now is the time for Florida businesses to prepare for some of the challenges that may come. In addition to potential lost economic output, lost revenue and property and crop damage, employers need to be aware of employment laws affecting their business which may also be impacted by the storm.

Unlike some states that have rules regarding pay for inclement weather closure or require or encourage inclement weather days be paid time off, Florida provides little or no guidance to employers regarding compensating or disciplining employees who don’t come to work because of an impending hurricane, lose time because a storm closes a business or don’t return to work after the storm. Instead, private employers must look to the Fair Labor Standards Act and Department of Labor regulations, which provide for different treatment of nonexempt employees (entitled to overtime) and exempt employees (not entitled to overtime). Further, an employer’s own policy manual or a collective bargaining agreement may need to be consulted to arrive at an answer, as will the Uniformed Services Employment and Reemployment Rights Act for covered employees such as a reservist or National Guard member who is called up to assist prior to, during or in the aftermath of a storm.

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