April 24, 2025 • 14 mins
We've seen an increase in severe weather, disasters, and other emergencies in recent years. Since these events can impact almost any employer and their employees, all employers should have a plan in place to prepare and respond. To help, this podcast answers common employer questions about disasters and emergencies. Listen in as we cover:
- [00:44] Preparation
- [01:30] Communication
- [02:38] Deciding whether to close
- [03:38] Safety responsibilities for employers
- [04:21] Pay issues
- [09:11] Time off from work
- [11:10] Assistance
This content is based on generally accepted HR practices, is advisory in nature, and does not constitute legal advice or other professional services. ADP does not warrant or guarantee the accuracy, reliability, and completeness of the content. Employers are encouraged to consult with legal counsel for advice regarding their organization's compliance with applicable laws. This content is current as of the published date.
Copyright © 2025 ADP, Inc. All Rights Reserved. The ADP logo, ADP, RUN Powered by ADP, and HR{preneur} are registered trademarks of ADP, Inc. and its affiliates. All other marks are the property of their respective owners.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Jim (00:00):
Severe weather disasters and other emergencies can impact almost any employer
(00:04):
and their employees. To help employersprepare for and respond to such events
this podcast will answer common employerquestions about disasters and emergencies.
Welcome to HRpreneur.
I'm Jim Duffy.
From Main Street to your street.
The HRpreneur Podcast is centeredaround helping small businesses
like yours gain the knowledge youneed from HR, payroll, and hiring to
(00:25):
time taxes, benefits, and insurance.
Today we will talk with our guestMeryl Gutterman about emergencies.
Meryl is Senior Counselwith ADP's HCM Group.
Hello, Meryl.
As always, it's great tohave you back on our show.
Meryl (00:39):
Hi, Jim.
It's great to be here with you today.
Jim (00:42):
So for starters, could you please start off by identifying
some steps that employers can taketo help ensure that operations
will continue during an emergency?
Meryl (00:52):
Of course, I'd say start by developing a contingency plan where you
can identify your essential businessfunctions, equipment and staff.
Your plan may include havinga generator to keep company
equipment and computer servers.
It may include backing up data ina separate and secure location,
and also maintaining equipment thatpermits employees to work remotely.
(01:15):
And also make sure that you'retraining your employees and your
supervisors on your contingency planso that they're aware of company
expectations and the procedures thatyou need to follow during an emergency.
Jim (01:27):
All right, so we know one of the major challenges during an
emergency could be communication.
Do you have any tips forensuring an employer is able
to communicate with employees?
Meryl (01:37):
Yeah, sure.
Communication can definitely be a problem,especially if there's a widespread power
outage, so it's really important to makesure you have multiple ways to contact
your employees during an emergency.
You'll wanna get their cell phone numberand if they still have a landline number.
Also, a personal email is goodto have, as well as collect.
Emergency contact information and youshould get this information early upon
(02:00):
hire and then remind your employeesthat they should let you know if
there are any changes to their contactinformation as soon as they happen.
And then also regularly askemployees to verify that their
contact information is up to date.
Then you may wanna consider having acentral location for employees to access
information about business closures andother related issues such as your company,
(02:23):
website or a dedicated phone line.
And during an emergency, when it'spossible, communicate with your employees.
And let them know how andwhen to expect updates.
Jim (02:34):
Meryl, it's very helpful.
Um, what factors, if I may, shouldan employer consider when deciding
whether to close the office duringsevere weather or some other emergency?
Meryl (02:44):
So the decision, it's really not always easy to figure out when to close,
but I think your first priority, ofcourse, is to keep your employees safe.
Um, to help you make the decision, youcan establish guidelines in advance.
So, for example, if there's astate of emergency and highways
are closed or restricted, thenoftentimes employers will choose to
close in the absence of a businessclosure or an official declaration.
(03:09):
You may wanna advise employees touse their best judgment and determine
if it's safe to travel on roadways.
Keeping in mind that employeesmay be impacted differently
depending on where they live.
Also, keep in mind that state or locallaw may require employers to give new
hires or existing employees informationthat relates to emergency proclamations.
(03:29):
So you'll wanna check your state orlocal law for details on that as well.
Jim (03:34):
So Meryl, speaking of employee safety, are employers required to protect
employees' safety and health in theworkplace during a natural disaster?
Meryl (03:43):
Yes, they are.
So the Federal Occupational Safetyand Health Act, which is also known
as OSHA, and also many state laws,mandate that employers protect
employees from workplace hazards.
And that includes those thatarise during a natural disaster.
And also, employers may be subjectto requirements to protect employees
(04:03):
from specific hazards that arecaused by natural disasters,
such as wildfire smoke exposure.
So you'll wanna checkyour applicable laws and
regulations for details on that as well.
Jim (04:15):
Meryl, thank you for that useful information.
Uh, let's move on to pay.
What are the rules for when anemployer is closed for an entire
day because of an emergency?
Do they have to pay non-exemptemployees for that day?
Meryl (04:27):
So just to clarify,
under federal law, non-exempt employees are
those employees who are typically paidon an hourly basis and are entitled
to at least the minimum wage for eachhour worked and overtime when they
work over 40 hours in a work week.
And some states require overtimeunder additional circumstances.
(04:47):
Non-exempt employees arepaid only for hours worked.
So if a non-exempt employee misses anentire day's work because the employer
is closed and didn't require them toreport to work, the employer is typically
under no obligation to pay them unlessthe employer has promised otherwise.
But there are situations whenemployers choose to pay non-exempt
(05:09):
employees if there's an emergency.
Jim (05:12):
That's really good information to know.
Uh, Meryl, what about employeeswho are exempt from overtime?
Do employers have to pay them whenthey close because of an emergency?
Meryl (05:23):
Exempt employees must generally receive their full salary in any work
week where they perform work regardlessof the number of hours worked.
So if your company closes for lessthan a full work week because of
inclement weather or an emergency,
you typically have to pay an exemptemployee their full salary as
(05:43):
long as the employee is workingany part of that work week.
Jim (05:47):
So Meryl, my next question is about partial day closures.
Let's say an employer wasforced to close six hours early.
Do they have to pay non-exempt employeesfor the time the employees missed?
Meryl (06:00):
Well under federal law, if the employer closes early, that law doesn't
require the employer to pay non-exemptemployees for the missed time unless
the employer has promised otherwise.
But the employer has topay these employees for any
time they actually worked.
But then there are some state laws thatrequire employers to pay employees for
a minimum number of hours when theyreport to work, but are sent home
(06:23):
before the end of a scheduled shift.
So for example, under California law,employers may have an obligation to
compensate non-exempt employees underreporting pay laws if the employees report
to work and then are sent home early.
There are a few exceptions to California'srequirement for reporting time pay,
and that includes when operations can'tcontinue because there's a threat to
(06:46):
the employee or to property, or ifthere's a failure in public utilities or
if there's an interruption that's causedby an act of God or something that's
not within the employer's control,like an earthquake, for example.
So again, you're gonna wanna checkthe law that applies to your business
for the rules that relate to payingemployees when they're required to
(07:06):
report to work, but are sent home early.
Jim (07:08):
Meryl, what about the pay rules for when non-exempt employees report
to work and are asked to wait while theemployer made a decision about whether
to close, if the employer ultimatelydecided to close and the employee
performed no work while waiting?
Does the employer have topay them for that time?
Meryl (07:27):
Yes, yes, they do.
So if the employees were required tostay at work while your company made a
decision to close, then the employeesare entitled to pay for that time.
So, for example, if there are wildfiresor flooding nearby and you're trying
to decide whether it's safe to stayopen or if you should close, but
you ultimately decide to close, youremployees should be paid for that
(07:47):
waiting time while they were at work.
But again, check your state law foradditional requirements for paying
employees when they're required toreport to work, but are sent home early.
Jim (07:57):
Meryl, I just have one more question about pay.
Let's say the employer remainedopen during inclement weather,
but some employees decided tostay home and others left early.
Does the employer have topay them for the missed time?
Meryl (08:11):
The employer isn't required to pay non-exempt employees for the time.
They miss when the non-exempt employeeschoose to stay home or leave early.
But for exempt employees, it dependson whether the employee is absent for
the full day or for a partial day.
If the employer remained opened andan exempt employee chose to stay home
because of the weather and doesn't workat all, then the employer may generally
(08:36):
reduce the employee's salary accordingly,and this would be considered one of
the very few permitted deductions.
If this were an absence for a personalreason other than sickness or disability.
But if the exempt employee works anypart of the day, the employer has to
pay the employee their full salary.
And also, if the employer choosesto close, the employer must
(08:57):
pay exempt employees their fullsalary, regardless of whether it's
a partial or full day closure.
Jim (09:03):
Thank you for clarifying that.
So if we can, let's move on to,uh, questions about time off from
work, during and after a disaster.
For example, what if an employee requestsleave in the aftermath of a hurricane?
Is the employer required to grant it?
Meryl (09:20):
While employees may be entitled to leave during or after an emergency
under some laws, so for example,employees who participate in relief
efforts, if they were volunteeringand were emergency responders, or
perhaps if they were in the NationalGuard, then they could be entitled
to leave under state or federal law.
And then employees who have injuries orillnesses that result from the event.
(09:44):
Or who have a family member who hassuffered may also be entitled to leave.
Uh, for example, under Californialaw, again, employees may use
accrued sick leave for absencesthat relate to a wild file disaster,
such as caring for a family member.
So you'll want to make sure, again,you're checking all the laws that
apply to your business, but absenta specific requirement, try to be
(10:05):
flexible and understand employeesimpacted by a storm or an emergency.
May have a greater need to use leave totake care of personal responsibilities,
whether it's filing an insurance claimor securing new housing, or taking
care of impacted family members.
So employers may wanna consider relaxingleave policies after an emergency, or
even allowing employees to donate paidleave to other employees who have suffered
(10:28):
a greater impact from that emergency.
Jim (10:31):
That's excellent advice.
Uh, thank you for sharing that.
Can employers require employeesto use their paid vacation time
during an emergency or a disaster?
Meryl (10:41):
Well, Jim, some states have taken the position that employers can't force
the use of vacation time, or could onlydo so if the employer has provided a
specific notice to employees in advance.
However, employees can voluntarily usesuch time, and again, you're gonna wanna
check your state law and alsoconsult legal counsel if you're
not sure to determine the rulesthat apply to your business.
Jim (11:03):
Thank you for that.
Meryl,
Uh, this brings me to my finalquestion for today's episode.
Is there any assistance availablefor employers and employees in
the aftermath of an emergency?
Meryl (11:14):
Well, if you have an employee assistance program,
then that's a great resource.
You should remind employees that theycan use it after an emergency, and
then also, depending on the state,employees may be entitled to unemployment
compensation or for other aid for missedwork due to an emergency or a disaster.
Assistance from the federal, state orlocal government may also be available.
(11:35):
And in the aftermath of certaindisasters, the IRS may provide tax
relief to employers and employees.
They may extend deadlines forfiling returns, for paying taxes,
or for completing certain othertime sensitive information.
And you'll wanna check with theIRS website if that's the case.
Jim (11:51):
This is excellent and very useful information.
Meryl, thank you for sharing it with us.
Uh, this brings us tothe end of this episode.
Again, thank you as always.
We appreciate having you on the show.
Uh, I took down some notes, uh, whileyou were chatting, so, uh, let me recap.
But please correct meif I'm off in any way.
First point, to help ensure a businesscontinues to run smoothly during an
(12:13):
emergency, employers should develop acontingency plan and identify essential
business functions, equipment andstaff, and train employees on the plans.
Another point you called out was thatemployers should have multiple ways to
contact employees during an emergency,including cell phones and landline
numbers and personal email addresses, aswell as emergency contact information.
(12:35):
You also mentioned to help make decisionsabout whether to close employers
should establish guidelines in advance.
Uh, you mentioned the Federal OccupationalSafety and Health Act, and many state laws
mandate that employers protect employeesfrom workplace hazards, including
those arising during natural disasters.
You mentioned that the answers to payquestions during an emergency can depend
(12:57):
on whether the employees classifiedas non-exempt or exempt from overtime
and in which state the employee works.
And lastly, you mentioned employeesmay be entitled to leave during
and or after an emergency, undersome laws. Depending upon the state,
employers may be prohibited fromrequiring employees to use paid vacation
(13:19):
during and or after an emergency.
Were those pretty accurate recaps?
Meryl (13:26):
You captured that all really well.
Thank you, Jim.
Jim (13:28):
Thank you Meryl.
Presented by ADP, HRpreneurfocuses on the entrepreneurs and
business drivers who are shaping thegrowth of their companies and positively
impacting the lives of their employees.
With each episode, webring the experts to you.
We answer your questions and helpyou think beyond today so you can
discover more success tomorrow.
Thanks to our listeners forjoining us for today's episode.
(13:51):
Be well, and we hopeyou'll join us again soon.
Severe weather disasters and other emergencies can impact almost any employer
(00:04):
and their employees. To help employersprepare for and respond to such events
this podcast will answer common employerquestions about disasters and emergencies.
Welcome to HRpreneur.
I'm Jim Duffy.
From Main Street to your street.
The HRpreneur Podcast is centeredaround helping small businesses
like yours gain the knowledge youneed from HR, payroll, and hiring to
(00:25):
time taxes, benefits, and insurance.
Today we will talk with our guestMeryl Gutterman about emergencies.
Meryl is Senior Counselwith ADP's HCM Group.
Hello, Meryl.
As always, it's great tohave you back on our show.
Meryl (00:39):
Hi, Jim.
It's great to be here with you today.
Jim (00:42):
So for starters, could you please start off by identifying
some steps that employers can taketo help ensure that operations
will continue during an emergency?
Meryl (00:52):
Of course, I'd say start by developing a contingency plan where you
can identify your essential businessfunctions, equipment and staff.
Your plan may include havinga generator to keep company
equipment and computer servers.
It may include backing up data ina separate and secure location,
and also maintaining equipment thatpermits employees to work remotely.
(01:15):
And also make sure that you'retraining your employees and your
supervisors on your contingency planso that they're aware of company
expectations and the procedures thatyou need to follow during an emergency.
Jim (01:27):
All right, so we know one of the major challenges during an
emergency could be communication.
Do you have any tips forensuring an employer is able
to communicate with employees?
Meryl (01:37):
Yeah, sure.
Communication can definitely be a problem,especially if there's a widespread power
outage, so it's really important to makesure you have multiple ways to contact
your employees during an emergency.
You'll wanna get their cell phone numberand if they still have a landline number.
Also, a personal email is goodto have, as well as collect.
Emergency contact information and youshould get this information early upon
(02:00):
hire and then remind your employeesthat they should let you know if
there are any changes to their contactinformation as soon as they happen.
And then also regularly askemployees to verify that their
contact information is up to date.
Then you may wanna consider having acentral location for employees to access
information about business closures andother related issues such as your company,
(02:23):
website or a dedicated phone line.
And during an emergency, when it'spossible, communicate with your employees.
And let them know how andwhen to expect updates.
Jim (02:34):
Meryl, it's very helpful.
Um, what factors, if I may, shouldan employer consider when deciding
whether to close the office duringsevere weather or some other emergency?
Meryl (02:44):
So the decision, it's really not always easy to figure out when to close,
but I think your first priority, ofcourse, is to keep your employees safe.
Um, to help you make the decision, youcan establish guidelines in advance.
So, for example, if there's astate of emergency and highways
are closed or restricted, thenoftentimes employers will choose to
close in the absence of a businessclosure or an official declaration.
(03:09):
You may wanna advise employees touse their best judgment and determine
if it's safe to travel on roadways.
Keeping in mind that employeesmay be impacted differently
depending on where they live.
Also, keep in mind that state or locallaw may require employers to give new
hires or existing employees informationthat relates to emergency proclamations.
(03:29):
So you'll wanna check your state orlocal law for details on that as well.
Jim (03:34):
So Meryl, speaking of employee safety, are employers required to protect
employees' safety and health in theworkplace during a natural disaster?
Meryl (03:43):
Yes, they are.
So the Federal Occupational Safetyand Health Act, which is also known
as OSHA, and also many state laws,mandate that employers protect
employees from workplace hazards.
And that includes those thatarise during a natural disaster.
And also, employers may be subjectto requirements to protect employees
(04:03):
from specific hazards that arecaused by natural disasters,
such as wildfire smoke exposure.
So you'll wanna checkyour applicable laws and
regulations for details on that as well.
Jim (04:15):
Meryl, thank you for that useful information.
Uh, let's move on to pay.
What are the rules for when anemployer is closed for an entire
day because of an emergency?
Do they have to pay non-exemptemployees for that day?
Meryl (04:27):
So just to clarify,
under federal law, non-exempt employees are
those employees who are typically paidon an hourly basis and are entitled
to at least the minimum wage for eachhour worked and overtime when they
work over 40 hours in a work week.
And some states require overtimeunder additional circumstances.
(04:47):
Non-exempt employees arepaid only for hours worked.
So if a non-exempt employee misses anentire day's work because the employer
is closed and didn't require them toreport to work, the employer is typically
under no obligation to pay them unlessthe employer has promised otherwise.
But there are situations whenemployers choose to pay non-exempt
(05:09):
employees if there's an emergency.
Jim (05:12):
That's really good information to know.
Uh, Meryl, what about employeeswho are exempt from overtime?
Do employers have to pay them whenthey close because of an emergency?
Meryl (05:23):
Exempt employees must generally receive their full salary in any work
week where they perform work regardlessof the number of hours worked.
So if your company closes for lessthan a full work week because of
inclement weather or an emergency,
you typically have to pay an exemptemployee their full salary as
(05:43):
long as the employee is workingany part of that work week.
Jim (05:47):
So Meryl, my next question is about partial day closures.
Let's say an employer wasforced to close six hours early.
Do they have to pay non-exempt employeesfor the time the employees missed?
Meryl (06:00):
Well under federal law, if the employer closes early, that law doesn't
require the employer to pay non-exemptemployees for the missed time unless
the employer has promised otherwise.
But the employer has topay these employees for any
time they actually worked.
But then there are some state laws thatrequire employers to pay employees for
a minimum number of hours when theyreport to work, but are sent home
(06:23):
before the end of a scheduled shift.
So for example, under California law,employers may have an obligation to
compensate non-exempt employees underreporting pay laws if the employees report
to work and then are sent home early.
There are a few exceptions to California'srequirement for reporting time pay,
and that includes when operations can'tcontinue because there's a threat to
(06:46):
the employee or to property, or ifthere's a failure in public utilities or
if there's an interruption that's causedby an act of God or something that's
not within the employer's control,like an earthquake, for example.
So again, you're gonna wanna checkthe law that applies to your business
for the rules that relate to payingemployees when they're required to
(07:06):
report to work, but are sent home early.
Jim (07:08):
Meryl, what about the pay rules for when non-exempt employees report
to work and are asked to wait while theemployer made a decision about whether
to close, if the employer ultimatelydecided to close and the employee
performed no work while waiting?
Does the employer have topay them for that time?
Meryl (07:27):
Yes, yes, they do.
So if the employees were required tostay at work while your company made a
decision to close, then the employeesare entitled to pay for that time.
So, for example, if there are wildfiresor flooding nearby and you're trying
to decide whether it's safe to stayopen or if you should close, but
you ultimately decide to close, youremployees should be paid for that
(07:47):
waiting time while they were at work.
But again, check your state law foradditional requirements for paying
employees when they're required toreport to work, but are sent home early.
Jim (07:57):
Meryl, I just have one more question about pay.
Let's say the employer remainedopen during inclement weather,
but some employees decided tostay home and others left early.
Does the employer have topay them for the missed time?
Meryl (08:11):
The employer isn't required to pay non-exempt employees for the time.
They miss when the non-exempt employeeschoose to stay home or leave early.
But for exempt employees, it dependson whether the employee is absent for
the full day or for a partial day.
If the employer remained opened andan exempt employee chose to stay home
because of the weather and doesn't workat all, then the employer may generally
(08:36):
reduce the employee's salary accordingly,and this would be considered one of
the very few permitted deductions.
If this were an absence for a personalreason other than sickness or disability.
But if the exempt employee works anypart of the day, the employer has to
pay the employee their full salary.
And also, if the employer choosesto close, the employer must
(08:57):
pay exempt employees their fullsalary, regardless of whether it's
a partial or full day closure.
Jim (09:03):
Thank you for clarifying that.
So if we can, let's move on to,uh, questions about time off from
work, during and after a disaster.
For example, what if an employee requestsleave in the aftermath of a hurricane?
Is the employer required to grant it?
Meryl (09:20):
While employees may be entitled to leave during or after an emergency
under some laws, so for example,employees who participate in relief
efforts, if they were volunteeringand were emergency responders, or
perhaps if they were in the NationalGuard, then they could be entitled
to leave under state or federal law.
And then employees who have injuries orillnesses that result from the event.
(09:44):
Or who have a family member who hassuffered may also be entitled to leave.
Uh, for example, under Californialaw, again, employees may use
accrued sick leave for absencesthat relate to a wild file disaster,
such as caring for a family member.
So you'll want to make sure, again,you're checking all the laws that
apply to your business, but absenta specific requirement, try to be
(10:05):
flexible and understand employeesimpacted by a storm or an emergency.
May have a greater need to use leave totake care of personal responsibilities,
whether it's filing an insurance claimor securing new housing, or taking
care of impacted family members.
So employers may wanna consider relaxingleave policies after an emergency, or
even allowing employees to donate paidleave to other employees who have suffered
(10:28):
a greater impact from that emergency.
Jim (10:31):
That's excellent advice.
Uh, thank you for sharing that.
Can employers require employeesto use their paid vacation time
during an emergency or a disaster?
Meryl (10:41):
Well, Jim, some states have taken the position that employers can't force
the use of vacation time, or could onlydo so if the employer has provided a
specific notice to employees in advance.
However, employees can voluntarily usesuch time, and again, you're gonna wanna
check your state law and alsoconsult legal counsel if you're
not sure to determine the rulesthat apply to your business.
Jim (11:03):
Thank you for that.
Meryl,
Uh, this brings me to my finalquestion for today's episode.
Is there any assistance availablefor employers and employees in
the aftermath of an emergency?
Meryl (11:14):
Well, if you have an employee assistance program,
then that's a great resource.
You should remind employees that theycan use it after an emergency, and
then also, depending on the state,employees may be entitled to unemployment
compensation or for other aid for missedwork due to an emergency or a disaster.
Assistance from the federal, state orlocal government may also be available.
(11:35):
And in the aftermath of certaindisasters, the IRS may provide tax
relief to employers and employees.
They may extend deadlines forfiling returns, for paying taxes,
or for completing certain othertime sensitive information.
And you'll wanna check with theIRS website if that's the case.
Jim (11:51):
This is excellent and very useful information.
Meryl, thank you for sharing it with us.
Uh, this brings us tothe end of this episode.
Again, thank you as always.
We appreciate having you on the show.
Uh, I took down some notes, uh, whileyou were chatting, so, uh, let me recap.
But please correct meif I'm off in any way.
First point, to help ensure a businesscontinues to run smoothly during an
(12:13):
emergency, employers should develop acontingency plan and identify essential
business functions, equipment andstaff, and train employees on the plans.
Another point you called out was thatemployers should have multiple ways to
contact employees during an emergency,including cell phones and landline
numbers and personal email addresses, aswell as emergency contact information.
(12:35):
You also mentioned to help make decisionsabout whether to close employers
should establish guidelines in advance.
Uh, you mentioned the Federal OccupationalSafety and Health Act, and many state laws
mandate that employers protect employeesfrom workplace hazards, including
those arising during natural disasters.
You mentioned that the answers to payquestions during an emergency can depend
(12:57):
on whether the employees classifiedas non-exempt or exempt from overtime
and in which state the employee works.
And lastly, you mentioned employeesmay be entitled to leave during
and or after an emergency, undersome laws. Depending upon the state,
employers may be prohibited fromrequiring employees to use paid vacation
(13:19):
during and or after an emergency.
Were those pretty accurate recaps?
Meryl (13:26):
You captured that all really well.
Thank you, Jim.
Jim (13:28):
Thank you Meryl.
Presented by ADP, HRpreneurfocuses on the entrepreneurs and
business drivers who are shaping thegrowth of their companies and positively
impacting the lives of their employees.
With each episode, webring the experts to you.
We answer your questions and helpyou think beyond today so you can
discover more success tomorrow.
Thanks to our listeners forjoining us for today's episode.
(13:51):
Be well, and we hopeyou'll join us again soon.
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