By Evan Lange
If a hurricane closes your workplace in Houston, hourly (non-exempt) employees generally only have to be paid for hours actually worked. Salaried exempt employees must receive their full weekly salary if the business closes for less than a full workweek, although the employer can require them to use paid time off. Texas has no general law protecting private employees who miss work to evacuate, but you may be protected if you refuse work that poses an imminent danger, need disability-related or FMLA leave, or were treated differently than coworkers for a discriminatory reason.
Houston knows what a storm does to a paycheck. After Hurricane Harvey and Hurricane Beryl, thousands of workers were left asking the same questions: Will I get paid while the office is closed? Can my boss make me come in? Can I lose my job for leaving town? Atlantic hurricane season runs through November 30, so here are the answers before the next storm.
The federal Fair Labor Standards Act (FLSA) treats hourly and salaried workers differently:
Under the Texas Payday Law, wages already earned must be paid on the regular payday, even if the office is closed after a storm.
Texas is an at-will state, and no Texas law gives private employees a general right to stay home during a storm. Employers can usually require essential staff to work. But some protections still apply:
Possibly. Without a contract or a specific legal protection, a Texas employer can discipline or fire an at-will employee for missing work, even during a mandatory evacuation. A firing may still be illegal if:
If one of these applies, you may have a wrongful termination claim.
If a storm shuts down your employer and you are out of work, you can apply for unemployment benefits with the Texas Workforce Commission. When the President declares a major disaster, workers who don’t qualify for regular benefits, including many self-employed and gig workers, may be eligible for Disaster Unemployment Assistance (DUA). DUA has short filing deadlines after the declaration, so apply quickly. See also our guide to unemployment benefits in Texas.
Hourly employees generally only have to be paid for hours worked. Salaried exempt employees must receive their full weekly salary if the business closes for less than a full workweek, although the employer may require them to use PTO.
Generally yes. Texas law does not prohibit employers from requiring employees to use accrued paid time off for closure days, as long as exempt employees still receive their full salary.
Texas is an at-will state, so it is possible. A firing may be illegal if it involved FMLA-protected leave, a disability, discrimination, or retaliation for raising safety or pay complaints.
Under OSHA rules, you may refuse a task if you reasonably believe it poses an imminent danger of death or serious injury, you asked your employer to fix it, and there is no time to use normal reporting channels.
You can apply with the Texas Workforce Commission. After a federal disaster declaration, Disaster Unemployment Assistance may also be available to workers who don’t qualify for regular benefits.
The Lange Firm represents employees in Houston and across Texas. Attorney Evan Lange can review unpaid wages, discipline or termination after a hurricane and tell you whether the law protects you.
Storms are temporary. Your rights are not.
Know them before the next hurricane.
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