Salaried Employees
Many salaried employees are classified as “exempt” because they are not covered by state and federal minimum wage or overtime laws. An exempt employee who works more than 40 hours in a week, for example, isn’t entitled to overtime pay. However, they are often entitled to full pay if a natural disaster prevents them from working.
Under federal wage and hour laws, exempt employees generally must receive their full salary for any workweek in which they perform at least some work, even if a disaster limits business operations. This means if the office is closed for four days but you work just one hour from home, the employer must pay your full salary for that week. State laws may provide additional protections.
For example, some states require exempt employees to receive a full week’s pay if they worked at any point during the week, while other states apply different standards. Additionally, while employers can often require you to use accrued vacation or PTO during a closure, they cannot deduct from your base salary if you have no leave remaining and the business was closed for less than a full workweek. Because wage laws vary by state, it’s important to review your local employment regulations.
Additionally, your employment contract or your employer’s written policies may specify whether you will be paid if you miss work due to a disaster or emergency closure. If you believe your employer should pay you, consider consulting a Legal Pro for guidance specific to your situation.
Hourly Employees
Non-exempt workers, which include most hourly workers, are not necessarily entitled to pay if they can’t work due to a natural disaster or emergency conditions. In many states, employers are not required to pay hourly employees for time not worked if a business closes due to circumstances beyond the employer’s control.
However, if an hourly employee is required to remain on-site, on-call, or otherwise under the employer’s control during a disaster-related interruption, wage laws may require the employer to pay for that time. For example, if employees are kept at work during a power outage or emergency shutdown and are not free to leave, they may still be entitled to wages. Furthermore, in states with "Reporting Time Pay" laws (such as California or New York), you may be entitled to a minimum number of hours of pay if you show up for a scheduled shift but are sent home early due to the disaster.
Some states also prohibit employers from requiring employees to report to work in areas subject to mandatory evacuation orders or unsafe conditions. Hourly workers who lose wages due to disaster-related business closures may be eligible for unemployment benefits, as explained below.
Self-Employed Individuals
While self-employment offers flexibility, it does not provide employer-paid wages during a disaster. However, self-employed individuals, independent contractors, gig workers, and freelancers may still qualify for certain unemployment or disaster assistance programs, depending on the circumstances and the type of disaster declaration issued.
When a federally declared disaster occurs, self-employed workers who cannot work as a direct result of the disaster may be eligible for Disaster Unemployment Assistance (DUA). Note that self-employed individuals must typically apply for—and be denied—regular state unemployment benefits before they can qualify for DUA.
Disaster Unemployment Assistance
Disaster Unemployment Assistance (DUA) provides temporary financial support to workers and self-employed individuals who lose income due to a federally declared disaster and are not eligible for regular state unemployment benefits. The program is overseen by the U.S. Department of Labor, with applications processed through state unemployment agencies.
Most applicants have 60 days from the official announcement of DUA availability to apply. Benefits are available during the Disaster Assistance Period (DAP), which can last up to 26 weeks following the disaster.
You may qualify for DUA if the disaster directly caused you to lose work, prevented you from reaching your job, closed or damaged your workplace, or caused a disaster-related injury.
Benefit amounts and payment schedules vary by state and may be reduced by other income. Applicants are generally required to submit documentation proving employment or income within 21 days of filing a claim.
If you have questions about unpaid wages, unemployment eligibility, or disaster-related job loss, a Legal Pro can help you understand your rights and options.
Please note: This page offers general legal information, not but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.
