When severe storms or hurricanes occur, disaster recovery workers are on the front lines, delivering timely, essential aid. The U.S. Department of Labor has numerous protections in place to ensure that disaster recovery workers understand their legal rights when it comes to issues like fair wages and overtime pay.
The Department has issued numerous press releases through the years reminding disaster recovery workers of their entitlements as storm season is at its peak. In recent years, it, along with private law firms, has recovered tens of millions from unscrupulous disaster recovery employers. Workers who believe they are cheated out of overtime pay or other benefits for doing storm repair, cleanup, and other disaster-related employment should speak with an attorney at our firm for a free, confidential review.
The U.S. Department of Labor’s Reminder to Disaster Recovery Workers
Disaster recovery workers are far too often deprived of overtime pay or other benefits they are entitled to under the Fair Labor Standards Act (FLSA). The Wage and Hour Division of the U.S. Department of Labor has its own Natural Disaster Compliance Assistance Toolkit to help employers avoid compliance issues.
The Toolkit includes essential provisions for minimum wages and overtime pay. Not only must disaster recovery employers compensate covered employees with the federal minimum wage or higher, but they must also pay time-and-a-half overtime pay to non-exempt workers who exceed 40 hours in a given workweek. These are some of the most common wage and hour violations that disaster recovery workers contend with, but there are others.
Often, disaster recovery employees will be paid a day rate regardless of how many hours they worked. Whether disaster recovery workers are paid on an hourly or day rate basis, they should still receive overtime pay.
Another common issue has to do with employee misclassification. Disaster recovery companies that misclassify employees as contractors or as exempt employees not entitled to overtime pay are violating federal legal protections.
Recovering Back Wages for Disaster Recovery Workers
Between October 2017 and June 2022, more than 900 investigations were carried out specifically into disaster recovery employers. These investigations resulted in payouts of more than $62 million for over 45,000 workers across the country.
For example, after the tornadoes that struck Kentucky in March 2022, approximately $55,000 in back wages were recovered for 175 disaster recovery employees.
Disaster recovery workers who have missed out on full and fair wages as a result of being compensated below the minimum wage, withholding of overtime pay, or other violations should seek legal guidance. Compensation for back wages, as well as additional financial recovery through liquidated (double) damages, may be available.
Consult an Attorney About Suspected Wage Violations
Most individuals who work more than 40 hours in a week are entitled to overtime pay, and those employed in the disaster recovery or cleanup sectors are no different. Be aware that the agencies and companies that employ disaster recovery workers frequently try to misclassify employees or pay day rates to avoid overtime compensation, and know that there is something you can do about it.
If you are a disaster recovery worker and have not been compensated for the overtime you are due, you should reach out to an attorney immediately. Strict time limitations apply to wage and hour claims, and a lawyer can explain your best legal options while promptly taking action to recover all benefits owed. Start your free, confidential review by using our online chat or submitting a form.
