Hurricane Season 2026: Key Considerations for Employers

Quick Hits

• The National Oceanic and Atmospheric Administration (NOAA) predicts below-normal hurricane activity for 2026 but emphasizes that employers should prepare before storms threaten.
• Federal wage and hour rules are not suspended during natural disasters.
• Airport closures, flight cancellations, and ground stops can strand traveling employees and trigger unexpected wage obligations.

Although NOAA forecasts a below-normal hurricane season—with a 55 percent chance of below-normal activity and only a 10 percent chance of above-normal activity—the outlook does not forecast how many storms could make landfall. NOAA cautions that it takes only one storm making landfall to create serious disruption for employers and their workforces. Even when tropical systems weaken or dissipate, tropical remnants can cause significant prolonged rainfall and flash flooding—equally if not more disruptive than the storm itself.

With hurricane season historically peaking between mid-September and October, now is the time for employers to review their preparedness plans.

Reviewing Disaster Response Plan

A well-crafted disaster response plan can protect both employees and business continuity. Employers may want to confirm that emergency contact lists, communication trees, and remote-work protocols are up to date. Effective plans address facility closures, evacuation procedures, and the transition to alternative work arrangements.

Some employees may have additional responsibilities—outside of the organization—as first responders. Several states provide job-protected time off for employees serving as first responders, volunteers, or members of emergency services during disasters. In some instances, the leave may be paid.

Additionally, while the Worker Adjustment and Retraining Notification (WARN) Act regulations include a natural disaster exception, they still require covered employers to provide as much notice as practicable when a plant closing or mass layoff is a direct result of a hurricane or other natural disaster. The exception does not eliminate the notice obligation—it merely adjusts the timeline.

Keeping Wage and Hour Rules Front and Center

Hurricanes do not suspend the Fair Labor Standards Act (FLSA). As the U.S. Department of Labor (DOL) makes clear in Fact Sheet #72, covered nonexempt employees must be paid at least the minimum wage and overtime for all hours actually worked—including during disaster response or recovery efforts. Conversely, the FLSA does not require employers to continue paying nonexempt workers if they are not required to work or are unable to work following a natural disaster, meaning employers do not have to pay nonexempt workers for hours they otherwise would have worked but for the disaster.

Exempt employees present a different issue. Under the salary-basis rule, an exempt employee who performs any work during a workweek must generally receive the full weekly salary. An employer may not deduct a day’s pay because the office was closed due to inclement weather—doing so is an improper deduction that can jeopardize the exemption. Employers may want to review their policies now to avoid costly missteps when a storm hits.

Workplace Safety Is Paramount

The Occupational Safety and Health Administration (OSHA) reminds employers that each employer is responsible for worker safety and health and must protect workers from anticipated hazards associated with hurricane response and recovery operations. This obligation extends beyond the storm itself. Employers directing employees to return to damaged facilities or perform cleanup work may want to conduct hazard assessments, implement safe work practices, and provide appropriate personal protective equipment. Employers in hurricane-prone areas may wish to incorporate these OSHA requirements into their broader disaster plans before the peak of the season arrives.

Planning for Business Travel Disruption

Hurricanes do not just affect employees in a storm’s direct path. Hurricanes and severe storms can disrupt business travel nationwide. During natural disasters, airports may be closed to the public, flight paths may be rerouted, and flights may be affected nationwide. Ground stops, cancellations, and reroutes can strand employees far from home or prevent them from reaching scheduled meetings and conferences.

Employers may want to review their business travel policies, meeting schedules, and attendance expectations during peak hurricane months. Practical steps include building in scheduling flexibility, establishing protocols for when travel should be postponed or converted to remote participation, and monitoring Federal Aviation Administration (FAA) real-time airport delay information. Employers can also consider the wage-and-hour implications when nonexempt employees are stranded.

Next Steps

Although forecasters predict a quieter-than-average 2026 season, employers may not want to wait for a named storm before taking action. Reviewing disaster response plans, confirming wage-and-hour compliance protocols, addressing workplace safety obligations, and updating travel policies can position employers to respond swiftly and lawfully when—not if—the next storm threatens.

Ogletree Deakins will continue to monitor developments and will provide updates on the Employment Law, Wage and Hour, and Workplace Safety and Health blogs as additional information becomes available.

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