This week marks the one year anniversary of Hurricane Sandy and serves as an important reminder for employers to ensure that their businesses are prepared to handle a natural disaster. Understandably, in the days following a natural disaster, it is easy for an employer to overlook federal and state wage and hour laws because the employer is often focused on repairing and restoring the business to get back up and running as soon as possible. However, wage and hour obligations are not waived during natural disasters, and as such, employers must be mindful of their obligations. The effect of a natural disaster on wage and hour obligations depends on whether the employee is exempt or non-exempt under the Fair Labor Standards Act (“FLSA”).
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