Sarah M. Block
Wed., October 30, 2024
In the aftermath of Hurricane Helene, the U.S. Department of Labor (DOL) issued a reminder to employers in the disaster recovery industry that “even when disaster strikes, worker protections apply.” Specifically, the DOL reminds employers that not only are disaster relief and clean-up workers entitled to minimum wages and overtime compensation if they work in excess of 40 hours in a workweek, but disaster relief companies and contractors are obligated by state and federal laws to maintain accurate payroll and timekeeping records. As the DOL states, “workers are particularly vulnerable during times of crisis, and employers that failed to comply with federal labor laws cause them and their families additional harm.”
Unfortunately, and as evidenced by the DOL reminder, violations of the Fair Labor Standards Act (FLSA), the federal wage and hour law, are common in the disaster relief industry. Common violations include, but are not limited to:
- Failing to pay minimum wages for all hours worked;
- Failing to pay time and one-half the hourly rate for all hours worked over 40 in a week;
- Failing to combine time worked at two clean-up sites to avoid paying overtime;
- Misclassifying workers as independent contractors (instead of as employees) such that the employer can avoid paying minimum and overtime wages; and
- Failing to pay workers on their regularly scheduled pay day.
In addition to unpaid back wages and damages for delayed payment of wages, workers may be entitled to recover an additional amount equal to the unpaid wages as liquidated damages. State laws may also provide minimum wage and overtime protections to workers.
Importantly, the FLSA applies to all workers regardless of immigration status and protects all workers from unlawful retaliation. Where an employer threatens to report a worker or their family to immigration authorities or otherwise threatens their employment as a result of their immigration status (or what they believe to be their immigration status), the employer has committed a violation of the FLSA and the worker may be entitled to recover damages from a court action.
MSE works tirelessly to protect employees from wage theft and abuse, including hurricane and disaster relief workers. For example, MSE represented 18 hardworking individuals employed by Cotton Commercial USA who performed hurricane clean-up at two resorts in Florida following 2017’s Hurricane Irma in a federal court action to recover minimum wages, overtime compensation, and damages for unlawful retaliation; the case resulted in a $95,000 settlement.
If you are a disaster relief or hurricane clean-up worker and you believe that you have not been paid in accordance with the law, reach out to MSE today at info@mselaborlaw.com or through our website to schedule a free consultation with an experienced labor and employment attorney.