Legal Question in Employment Law in Florida

Situation: Preceding landfall of an approaching tropical system, the employer advises that anyone working the next day must report to work on time for the normal shift. The normal shift change is 0700hrs.

The problem with the request is that landfall of the storm is predicted to be at shift change. The employer also states that employees may stay the night at the place of employment to insure they will be at work for shift change. The employees are full time firefighters. The normal work schedule is 7am to 7am. The employer gives the impression that if you do not report to work on time, even though landfall is predicted at shift change, that their will be repercussions. The employer also states that the firefighters will not be paid to stay overnight. Is it legal to use this type of veiled threat in an attempt to not pay employees to be at work.


Asked on 11/10/09, 10:52 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

It was a tropical storm, not a hurricane. A tropical storm can be pretty mild. You were not required to spend the night. You had the option to do so if you wanted. You provide no information regarding where "landfall" was predicted and your location with reference to the landfall. Having firefighters available would be important to the community. It is something you signed up for. I see nothing improper as you have stated this.

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Answered on 11/15/09, 11:19 am


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