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How to pay employees if disaster stikes Ohio

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  • How to pay employees if disaster stikes Ohio

    Are there Federal or State guidelines that states how employee's are to be paid if a disaster hits? Can the employer pay the previous check if they don't have the current hours? Can the checks be late? if so, how late can they be?

    Thanks for any info concerning this.

  • #2
    What kind of disaster? Are the employees working?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Originally posted by cbg View Post
      What kind of disaster? Are the employees working?
      Think bird flu....
      “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

      --Benjamin Franklin

      Comment


      • #4
        disaster

        Say the employee's have 2 weeks that they were supposed to be paid for. A disaster occurs like bird flu, hurricane and the company is wiped out. Payday is this Friday and there is no building or employee's to process the payroll. How do the employee's receive their pay and on what kind of time frame?

        Comment


        • #5
          Q: How do the employee's (sic) receive their pay and on what kind of time frame?

          A: Based on what happened in New Orleans after Hurricane Katrina, the employees receive their pay whenever (if ever) the employers can get their businesses running again.
          “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

          --Benjamin Franklin

          Comment


          • #6
            I don't answer hypotheticals. Either tell me EXACTLY what happened or go somewhere else for your answer.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              Disaster

              OK, here is the deal:

              How did the victims in New Orleans receive their pay after the hurricane hit?

              and

              Are there state laws stating when the employee's are supposed to be paid when a disaster like that struck? This is Ohio but the hurricane is a very good example.
              Last edited by mrlucky; 11-01-2006, 12:19 PM.

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              • #8
                Originally posted by mrlucky View Post
                OK, here is the deal:

                How did the victims in New Orleans receive their pay after the hurricane hit?

                and

                Are there state laws stating when the employee's are supposed to be paid when a disaster like that struck? This is Ohio but the hurricane is a very good example.
                Since they do not have hurricanes in Ohio, you are still asking hypothetical questions.

                Give us facts and details....
                “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

                --Benjamin Franklin

                Comment


                • #9
                  Disaster

                  Does it really matter about the disaster? WOW

                  OK, another 9/11 occurs but it's not the twin towers. It's Ohio State univiserty that is destroyed. All buildings are destroyed.

                  Is this better?

                  Yes, this is hypothetical but I need to know Federal and State guidelines on IF this would occur, what are the employer's obligations. This is concerning IF the bird flu came up and over 1/2 of the employers either die or sick.
                  Last edited by mrlucky; 11-01-2006, 12:26 PM.

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                  • #10
                    The answer to any hypothetical question is, "Who knows?"

                    The fact is, if there is no money and there is no employer, ain't nobody gonna get paid nohow no matter what the law says.

                    Now, go get your flu shot.
                    “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

                    --Benjamin Franklin

                    Comment


                    • #11
                      How you would pay employees in the event of a disaster would depend on the exact outcome of the disaster.

                      There are no laws, either Federal or state, that specifically give you permission to pay employees other than as normal in the event of a disaster. When and if it happens, the government will tell you what you have to do. Until then, pay your employees according to the law and stop worrying about what ifs.
                      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                      Comment


                      • #12
                        Originally posted by cbg View Post
                        How you would pay employees in the event of a disaster would depend on the exact outcome of the disaster.

                        There are no laws, either Federal or state, that specifically give you permission to pay employees other than as normal in the event of a disaster. When and if it happens, the government will tell you what you have to do. Until then, pay your employees according to the law and stop worrying about what ifs.
                        Also, get your flu shot, build a bomb shelter, stock up on food and water, never go anywhere, never do anything, carry a gun or two, and, above all, have a nice day!
                        “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

                        --Benjamin Franklin

                        Comment


                        • #13
                          Disaster

                          Thanks for the info but when the COO comes to me and asks what our obligations are for his multi-billion dollar company, he wants to know.

                          Now, of course, we do have off site backups every night and have a contigency plan on running checks offsite but he wants to know is the bird flu did hit, what would happen (if we didn't have an offsite backup). As a payroll director, I'm trying to gain answers. I have no clue why he wants this info as we are already covered but this is his desire. AND...since this is a hospital, we will have all the bird flu patients in our beds.

                          Comment


                          • #14
                            Originally posted by cbg View Post
                            How you would pay employees in the event of a disaster would depend on the exact outcome of the disaster.

                            There are no laws, either Federal or state, that specifically give you permission to pay employees other than as normal in the event of a disaster. When and if it happens, the government will tell you what you have to do. Until then, pay your employees according to the law and stop worrying about what ifs.
                            mrlucky, is there something in cbg's correct and accurate answer that you do not understand?
                            “Be not niggardly of what costs thee nothing, as courtesy, counsel, & countenance.”

                            --Benjamin Franklin

                            Comment


                            • #15
                              Originally posted by seniorjudge View Post
                              mrlucky, is there something in cbg's correct and accurate answer that you do not understand?
                              So the answer is, in the event of a disaster, be able to meet the requirements of the law.

                              A multi-billion dollar company may have the ability to do that. You should plan for the worst case, which will mean gathering time worked for non-exempts on a daily basis (the exempts are going to get paid anyway). Then you will need to get the time worked and other relevant data to some place that can process the checks or direct deposits within the time constraints of your state.

                              Small companies would be hard pressed to meet the demands, even if they had the cash to pay.
                              Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                              Comment

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