Is Hurricane Pay Mandatory in Florida?

Hurricane Pay in Florida: Are Employers Legally Required to Pay You?

Florida’s hurricane season doesn’t just bring powerful winds and flooding—it stirs up confusion in workplaces across the state. When businesses close due to an approaching storm or employees are forced to evacuate, many workers and employers alike wonder: Is hurricane pay mandatory in Florida?

It’s a fair question. The disruption caused by hurricanes often leads to financial uncertainty. Do hourly employees get paid if they can’t work? What about salaried workers? Are employers obligated to compensate staff when operations shut down due to extreme weather?

At this legal crossroads stands CMS Law Group, a Florida-based firm dedicated to helping individuals and businesses navigate complex employment laws. With a deep understanding of both federal and state labor regulations, CMS Law Group regularly advises clients on wage-related issues during emergencies like hurricanes.

In this blog, we’ll break down what Florida law actually says about hurricane pay, clear up some common misconceptions, and explain your rights as a worker or responsibilities as an employer during storm-related shutdowns. Whether you’re an employee trying to protect your paycheck or a business owner striving to stay compliant, this guide will help you make informed decisions during one of the most unpredictable times of the year.

Understanding Hurricane Pay in Florida

Florida’s hurricane season doesn’t just impact homes and roads—it also raises pressing questions about employee compensation during weather emergencies. One of the most frequent concerns from both workers and employers is whether hurricane pay is mandatory when storms disrupt normal business operations.

The answer lies in how employees are classified under the Fair Labor Standards Act (FLSA), a federal law that governs wage and hour rules. Let’s break down what this means in practical terms.

Exempt vs. Non-Exempt Employees

The FLSA categorizes workers into two main groups: exempt and non-exempt. This classification plays a critical role in determining whether an employee is entitled to be paid when a hurricane strikes.

Exempt Employees

Exempt employees are typically salaried professionals, such as managers, administrators, or those in executive positions. To be considered exempt, an employee must meet specific criteria related to job duties and receive a fixed salary.

Here’s the key point:

If an exempt employee performs any work during a workweek—even just responding to an email or attending a brief meeting—they must be paid their entire weekly salary, even if the office later shuts down midweek due to a hurricane.

This requirement protects the financial stability of salaried workers during emergencies. Legal experts at firms like CMS Law Group confirm that businesses operating in Florida must take care to follow this rule to avoid wage violations and costly penalties.

Non-Exempt Employees

Non-exempt employees are generally hourly workers, including those in retail, hospitality, and many service industries. Unlike their exempt counterparts, these employees are only paid for the hours they actually work.

So, what happens during a hurricane?

If a non-exempt employee misses work because the business closes or they need to evacuate, employers are not legally required to pay them for that lost time. Even if the absence is storm-related, there is no federal or state law mandating compensation for non-exempt employees who do not perform any work during a closure.

This distinction can feel unfair to many hourly workers, but it’s the legal standard—and it’s why proper communication between employers and employees during hurricane season is so critical.

Employer Responsibilities During Hurricanes

When hurricanes threaten Florida, employers aren’t just managing physical safety—they’re also navigating complex wage laws. Business closures, remote work, and the use of Paid Time Off (PTO) are just a few of the critical issues they must address. Failure to comply with employment regulations during this time can result in legal disputes and reputational damage.

At CMS Law Group, clients are routinely guided through these stormy waters, ensuring they meet their responsibilities while protecting their workforce and their business.

Business Closures and Pay: What Employers Need to Know

Partial Week Closures

If a hurricane causes a business to close for part of a workweek, exempt employees must still receive their full weekly salary—as long as they perform any work during that week. Whether they check emails, attend virtual meetings, or complete a small task, their pay cannot be reduced. This aligns with federal FLSA regulations and is supported by guidance from the Society for Human Resource Management (SHRM).

Full Week Closures

On the other hand, if a business is closed for an entire week and an exempt employee performs no work at all, the employer is not legally obligated to pay them. This is a rare instance where exempt status doesn’t guarantee a paycheck. In such cases, communication is key. Letting employees know in advance about how closures may impact their pay can prevent confusion and disputes.

For non-exempt employees, the rules remain straightforward: they are paid only for the hours they actually work—whether the business is open or not.

The Role of Paid Time Off (PTO)

Employers often ask: Can we require employees to use their PTO during a hurricane closure?

The short answer is yes. Employers can mandate that both exempt and non-exempt employees use accrued PTO during emergency shutdowns. However, if an exempt employee doesn’t have enough PTO to cover the time, and they perform any work during the week, they must still receive their full salary.

This requirement underscores the importance of having a clearly written PTO and emergency closure policy in place. Firms like CMS Law Group can help tailor these policies to ensure compliance with both state and federal laws while remaining fair to employees.

Remote Work Considerations During a Hurricane

In today’s digital age, many employees can work remotely—even during storms. But this flexibility comes with its own responsibilities.

If any employee performs remote work during a hurricane, those hours must be tracked and paid. This applies to both exempt and non-exempt staff. Employers should ensure that their team knows how to log work hours properly during these situations.

Having a clear remote work policy in place, including expectations for communication, availability, and task tracking, is essential. If your business doesn’t already have such a policy, it’s wise to establish one well before hurricane season begins to ensure clarity and compliance.

Employee Rights and Protections

When a hurricane strikes, it disrupts more than just routines—it can also threaten employee safety and pay. Knowing your rights during such emergencies is crucial. Employees may refuse unsafe work conditions and could qualify for disaster unemployment assistance if unable to work. Clear communication and awareness help both employees and employers manage these situations effectively.

Refusal to Work: When Safety Comes First

Can employees refuse to work during a hurricane? Yes—if conditions are truly unsafe.

The Occupational Safety and Health Act (OSHA) gives workers the right to refuse tasks that pose an imminent danger. For example, if roads are flooded or a workplace lacks power, employees may legitimately decline to report. However, if the employer can prove the environment is reasonably safe, they may expect employees to work.

The key here is clear, two-way communication. Employers should explain the safety measures in place, while employees should express concerns calmly and constructively.

Clear communication between employers and employees is essential to ensure that no one is unfairly penalized for prioritizing safety during a hurricane. Managing these conversations lawfully and respectfully helps maintain trust and compliance with workplace regulations.

Unemployment Benefits After a Hurricane

If a business is damaged, inaccessible, or closed for an extended period, employees may find themselves without work. In such cases, Disaster Unemployment Assistance (DUA) may be available.

This federal benefit kicks in when a disaster is declared by the President and includes:

• Workers whose place of employment was destroyed
• Employees unable to travel safely to work
• Those who can no longer work due to injury or transportation issues caused by the storm

Eligibility for DUA is determined by the Florida Department of Economic Opportunity (DEO) and the Federal Emergency Management Agency (FEMA). Filing promptly is crucial, as deadlines for applications are often tight.

Employers should be prepared to provide necessary documentation, and employees must keep records of lost wages, workplace closures, and communication attempts.

Need help navigating unemployment claims? CMS Law Group can guide both parties through the legal processes and help avoid costly mistakes.

CMS Law Group: Advocating for Employee Rights

When hurricanes disrupt normal life in Florida, understanding your workplace rights shouldn’t add to the chaos. That’s where CMS Law Group steps in.

Based in Florida, CMS Law Group specializes in employment law, providing clarity and legal support during times of uncertainty. Whether you’re an employee unsure of your right to compensation during storm-related closures, or an employer navigating compliance under state and federal law, their team delivers dependable guidance.

What sets CMS Law Group apart?

• Personalized legal counsel: They listen closely to the unique challenges each client faces.
• Clear interpretation of complex laws: From the Fair Labor Standards Act (FLSA) to local disaster-related employment regulations.
• Protection of rights: Whether you’re seeking owed wages, need help filing for unemployment benefits, or are facing retaliation for refusing unsafe work, CMS is there to defend your position.

During Florida’s hurricane season, legal uncertainties multiply. CMS Law Group’s mission is to simplify the process, protect your rights, and help you move forward with confidence—rain or shine.

Proactive Measures for Employers

In hurricane-prone Florida, preparation isn’t just about boarding up windows—it’s about protecting your workforce and business operations. Employers can and should take strategic steps before the storm hits.

Develop Clear Policies

Having a written hurricane preparedness policy is essential. It should clearly outline:

• When and how closures will be announced
• Expectations for remote work
• How compensation will be handled for both exempt and non-exempt employees

Clarity reduces confusion and builds trust during high-stress situations.

Communicate Effectively

Timely, transparent communication is key. Keep employees informed before, during, and after a hurricane. Use multiple channels—email, internal portals, messaging apps—to ensure no one is left in the dark.

Consult Legal Experts

By taking these proactive steps, employers can maintain stability during hurricane season—and foster a safer, more resilient workplace culture.