Toolkit Aids Compliance During Disaster Recovery

Coinciding with September being National Disaster Preparedness Month, the U.S. Department of Labor (DOL) has announced the release of its Natural Disaster Compliance Assistance Toolkit.

The downloadable toolkit provides information on how to avoid violations of the Fair Labor Standards Act, with a particular focus on employer compliance failures commonly found during disaster clean-up. Covered concerns include minimum and overtime wages, misclassification of employees as independent contractors, recordkeeping requirements, prevailing wages, and the use of child labor. 

In addition, the DOL urged workers who clear disaster debris and their employers to reference the department’s Wage and Hour Division resources, to better understand federal worker protections regarding pay practices and hours worked.

“Like communities stricken by the impacts of severe weather or disasters, workers are especially vulnerable after the fact, and the U.S. Department of Labor responds quickly to protect workers at times of crisis and ensure they are paid all of their legally earned wages and benefits,” explained Juan Coria, wage and hour regional administrator in Atlanta. “At the same time, we stand ready to provide employers with the information and guidance they need to avoid costly consequences sometimes associated with violations.”

The devastating tornadoes that ripped through Kentucky in March 2022 serve as an example of the cost that comes from noncompliance. Following the disaster, the division’s Louisville District Office conducted 13 investigations under the McNamara-O’Hara Service Contract Act (SCA). Investigators recovered US$54,508 in back wages for 175 employees doing cleanup work in the affected area. These investigations also identified several common SCA violations, including failures to pay correct wages, overtime, and sick leave, as the Contract Work Hours and Safety Standards Act required.

Employers and employees with questions are encouraged to reach out to the department’s toll-free helpline at 866-4US-WAGE (487-9243).

To learn what you can do after a disaster strikes, see 10 Steps to Safe Disaster Recovery.