Downtown West Palm Beach
625 N. Flagler Drive
Suite 600
West Palm Beach, FL 33401

Phone: (561) 659-3300
Fax: (561) 659-1911
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August 23, 2011
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Employment Law News Alert
Informing clients and friends of the firm about legal trends, news or items of interest.

Hurricane and Disaster Planning From An Employment Law Perspective

With Hurricane Irene brewing in the Atlantic, employers need to have a plan for dealing with any potential disaster. We attach a link below to our firm's PowerPoint Presentation which may assist employers with the myriad of issues they may face in attempting to prevent, manage, and respond to employment issues which may arise as a result of a hurricane or major storm.
This Presentation will address:
  1. Are your employee policies prepared for a hurricane or other disaster?
  2. What special pay practices must you know about?
    • What are your obligations under the FLSA to pay your non-exempt and exempt employees when your business is closed due to a disaster?
    • How to handle layoffs, reduction of pay and reduction of work hours;
    • What are your obligations to compensate employees for “on-call,” "waiting," and "volunteer" time?
    • When are you required to pay PTO, vacation or other forms of leave when your business is closed?
  3. What are the essential elements of a disaster plan?
  4. What are Human Resources’ and Payroll’s unique obligations and responsibilities during and after the storm?
  5. What are the implications for terminating an employee who refuses or is unable to work just before, during or after a storm?
  6. What special considerations exist with respect to Florida Workers’ Compensation and OSHA?
  7. What are the requirements to comply with the federal WARN Act, which imposes notice requirements on employers with 100+ employees for certain plant closings and/or mass layoffs?
  8. How would the Family and Medical Leave Act apply to employees affected by a natural disaster entitled to leave for a serious health condition caused by the disaster?
  9. How does the Uniformed Services Employment and Reemployment Rights Act apply for those employees who are also part of an emergency services organization (such as the National Guard or a Reserve unit)?
  10. How should an employer deal with ERISA and COBRA coverage decisions during a time of disaster?

The Schwarzberg & Associates Employment Law Compliance and Defense Practice Group is here to help you defend unemployment claims, develop policies, procedures, and proactive responsive measures to these and other employment related issues.  We also provide our clients with our employment law “hotline” which allows our clients, for a flat fee, to ask our employment attorneys general questions to assist in their compliance efforts.  Please do not hesitate to contact a member of the Schwarzberg & Associates Employment Law Group: Steve Schwarzberg, Carrie Cherveny, Kristin Ahr, Kerry Raleigh, or Grace Murillo at 561-659-3300 to obtain more information about our firm and its various employment law compliance and defense services.

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