Weathering the Storm: Your Employer's Guide to Post-Hurricane Recovery
Andy Scheu • September 30, 2024

Navigating the Storm: A Guide for Employers in the Wake of Hurricane Helene

When disaster strikes, businesses face a whirlwind of challenges. Hurricane Helene has left its mark on the Southeast, and employers are grappling with questions about employee rights, safety concerns, and how to support their workforce during this tumultuous time. Let's dive into some practical advice and legal insights to help you weather the storm and emerge stronger on the other side.


Safety First: Can Employees Refuse to Work?

Picture this: your office building has taken a beating from Helene, and some of your team members are hesitant to return. What are your rights as an employer, and what about your employees' rights?


According to OSHA guidelines, employees have the right to voice concerns about unsafe working conditions. If there's a clear risk of serious harm, they may even have legal grounds to refuse work. As an employer, it's crucial to take these concerns seriously and address them promptly.


Pro tip: Create an open channel for employees to report safety issues, and have a plan in place to quickly assess and mitigate risks. This proactive approach can help prevent conflicts and keep everyone safe.


Family Matters: Navigating Leave Requests

In the aftermath of Helene, you might see an uptick in leave requests. Some employees may need time off to deal with personal losses or care for family members. Here's where the Family and Medical Leave Act (FMLA) comes into play.


The FMLA could protect employees who develop a serious health condition or need to care for a family member with such a condition as a result of the hurricane. But remember, you're not limited to just following the letter of the law. Consider offering personal leave on a case-by-case basis to support your team during this challenging time.


Real-world example: After Hurricane Sandy, many companies in the Northeast offered additional paid leave to affected employees, boosting morale and loyalty in the long run.


Heroes in the Making: Supporting Relief Workers

Some of your employees might feel called to help with relief efforts. If they're officially called to serve as relief workers, they may be protected under the Uniform Services Employment and Re-employment Rights Act (USERRA). This broad statute safeguards the employment rights of those who serve in various capacities, including disaster relief.


For those who want to volunteer but aren't officially called up, you're not legally obligated to provide leave. However, allowing employees to participate in relief efforts can boost company morale and contribute to community recovery.


Idea spark: Consider organizing a company-wide volunteer day to help with local relief efforts. It's a great way to give back and build team spirit.


Financial Lifelines: How Employers Can Help

When employees lose homes or face significant property damage, they may turn to you for help. Here are four ways you can provide financial assistance:

  1. Loans and Hardship Distributions: The IRS often relaxes rules for loans and hardship distributions from retirement plans for disaster victims. Check the IRS website for the latest guidance.
  2. 401(k) Plan Amendments: You can amend your 401(k) plans to allow hardship distributions for disaster-related expenses and losses.
  3. Leave-Sharing Programs: Set up a system where employees can donate their unused paid time off to colleagues in need. Just make sure to structure it carefully to avoid tax implications for donors.
  4. Charitable Foundation: For a long-term solution, consider establishing a 501(c)(3) foundation. This allows tax-deductible contributions from employees, families, and other entities to support affected staff.


Creative approach: One tech company in Florida set up a "Hurricane Help" Slack channel where employees could offer spare rooms, supplies, or assistance to affected colleagues.


Payroll Puzzles: Who Gets Paid and When?

The Fair Labor Standards Act (FLSA) is your guidepost here. For non-exempt employees, you're generally only required to pay for hours actually worked. Exempt employees, however, usually need to be paid their full salary if they perform any work during the workweek.

Here's a quick cheat sheet:

  • Non-exempt employees: Pay for hours worked
  • Exempt employees: Full salary if any work is done in the workweek
  • Business closed, exempt employee ready to work: May need to be paid
  • Employee takes personal day off: No pay required


Remember, while the FLSA doesn't regulate paid time off, your company policies and state laws might. Always double-check before making decisions about charging time to vacation or PTO balances.


Suspension of Operations: Are You Liable?

If Helene forces you to suspend operations without notice, you're probably in the clear legally. However, it's crucial to issue appropriate notices as soon as possible. The Worker Adjustment and Retraining Notification (WARN) Act requires certain large employers to provide notice for plant closings or mass layoffs, even in natural disasters.


Best practice: Develop a communication plan for emergency closures. Use multiple channels (email, text, company app) to ensure all employees are informed quickly.


Wrapping Up: Your Action Plan

Navigating the aftermath of Hurricane Helene is no small feat, but with the right approach, you can support your employees and keep your business on track. Here's your quick action plan:

  1. Prioritize safety: Address concerns promptly and create clear safety protocols.
  2. Be flexible with leave: Consider both legal requirements and compassionate exceptions.
  3. Support relief efforts: Encourage and facilitate employee involvement in community recovery.
  4. Offer financial assistance: Explore options like hardship distributions and leave-sharing programs.
  5. Stay compliant: Keep FLSA and WARN Act requirements in mind when making payroll and operational decisions.
  6. Communicate clearly: Keep your team informed about policies, closures, and available support.


Remember, how you handle this crisis can have a lasting impact on your company culture and employee loyalty. By approaching these challenges with empathy, clarity, and a solid understanding of your legal obligations, you can turn this difficult time into an opportunity to strengthen your team and your business.


Need more guidance? Don't hesitate to reach out to legal experts or HR consultants specializing in disaster preparedness.  SESCO Management Consultants also provided answers to more Frequently Asked Questions here. 


After all, as we navigate these stormy waters, we're all in this together.


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Doll hands hold tiles spelling

Understanding the New “No Tax on Tips” Provision: What Employers of Tipped Workers Need to Know

By Andy Scheu • September 4, 2025
The recently introduced One, Big, Beautiful Bill Act (OBBB Act) brings significant changes for businesses employing tipped workers. A key provision is the “no tax on tips” rule , which removes certain federal tax liabilities for qualified tips. However, not all employees or industries qualify, so it’s essential to understand how this impacts your workforce. To qualify: Tips must be received in an occupation that customarily and regularly received tips on or before December 31, 2024 . Certain fields— healthcare, athletics, and the performing arts —are specifically carved out and do not qualify. Employers must be able to identify if their employees fall into one of the designated Treasury Tipped Occupation Codes (TTOCs) . 📋 Full List of Eligible Tipped Occupations  Below is the complete preliminary list of occupations the Treasury and IRS have identified as customarily tipped roles. Each entry includes the TTOC code, occupation title, description, examples, and related SOC codes . This list is expected to form the basis of official IRS regulations. 🍽️ Beverage & Food Service 101 – Bartenders | Mix and serve drinks (barkeep, sommelier) | SOC 35-3011 102 – Wait Staff | Serve food & beverages to patrons (cocktail waitress) | SOC 35-3031 103 – Food Servers, Nonrestaurant | Serve outside restaurant (room service, beer cart) | SOC 35-3041 104 – Dining Room & Cafeteria Attendants/Bartender Helpers | Clean, reset, assist | SOC 35-9011 105 – Chefs & Cooks | Prepare/cook meals (chef, caterer, food truck cook) | SOC 35-1011, 35-2011, etc. 106 – Food Prep Workers | Prep cold foods, slice meats | SOC 35-1012, 35-2021 107 – Fast Food & Counter Workers | Serve at counters, may prep | SOC 35-3023 108 – Dishwashers | Clean dishes & equipment | SOC 35-9021 109 – Host Staff | Welcome/seat patrons (maître d’) | SOC 35-9031 110 – Bakers | Bake breads, pastries | SOC 51-3011 🎲 Entertainment & Events 201 – Gambling Dealers | Operate games of chance | SOC 39-3011 202 – Gambling Change Persons & Cashiers | Exchange money, tokens | SOC 41-2012 203 – Gambling Cage Workers | Handle casino financials | SOC 43-3041 204 – Gambling & Sports Book Writers/Runners | Take bets, operate keno/bingo | SOC 39-3012 205 – Dancers | Perform dances | SOC 27-2031 206 – Musicians & Singers | Play instruments, sing | SOC 27-2042 207 – DJs (Non-Radio) | Play music for live audiences | SOC 27-2091 208 – Entertainers/Performers | Comedians, magicians, clowns | SOC 27-2099 209 – Digital Content Creators | Streamers, influencers | SOC 27-2099 210 – Ushers/Ticket Takers | Assist patrons at events | SOC 39-3031 211 – Locker/Coatroom Attendants | Provide personal item service | SOC 39-3093 🏨 Hospitality & Guest Services 301 – Baggage Porters/Bellhops | Handle luggage | SOC 39-6011 302 – Concierges | Assist guests with services | SOC 39-6012 303 – Hotel/Resort Desk Clerks | Register, check in/out guests | SOC 43-4081 304 – Maids & Housekeeping Cleaners | Clean hotel rooms | SOC 37-2012 🏡 Home Services 401 – Home Maintenance/Repair Workers | Handyman, roofer, painter | SOC 49-9071 402 – Landscaping/Groundskeeping Workers | Lawn/garden maintenance | SOC 37-3011 403 – Home Electricians | Install/repair wiring | SOC 47-2111 404 – Home Plumbers | Install/repair pipes | SOC 47-2152 405 – HVAC Mechanics/Installers | Heating/AC repair | SOC 49-9021 406 – Appliance Installers/Repairers | Fix/install household appliances | SOC 49-9031 407 – Home Cleaning Workers | House/pool/carpet cleaners | SOC 37-2012 408 – Locksmiths | Keys, locks, safes | SOC 49-9094 409 – Roadside Assistance Workers | Tow truck, tire repair | SOC 49-3023, 53-3032 👤 Personal Services 501 – Personal Care & Service Workers | Aides, butlers, companions | SOC 31-1122 502 – Private Event Planners | Wedding/party planning | SOC 13-1121 503 – Private Event/Portrait Photographers | Wedding/headshot photography | SOC 27-4021 504 – Private Event Videographers | Record events | SOC 27-4031 505 – Event Officiants | Weddings/funerals officiants | SOC 21-2010 506 – Pet Caretakers | Groomers, walkers, sitters | SOC 39-2021 507 – Tutors | Academic tutoring | SOC 25-3041 508 – Nannies/Babysitters | Child care | SOC 39-9011 💇 Personal Appearance & Wellness 601 – Skincare Specialists | Facials, esthetics | SOC 39-5094 602 – Massage Therapists | Therapeutic massage | SOC 31-9011 603 – Barbers/Hairdressers/Cosmetologists | Hair & barber services | SOC 39-5011 604 – Shampooers | Shampoo/rinse hair | SOC 39-5093 605 – Manicurists/Pedicurists | Nail care | SOC 39-5092 606 – Eyebrow Technicians | Threading, waxing | SOC 39-5091 607 – Makeup Artists | Design/apply looks | SOC 39-9031 608 – Fitness Trainers/Instructors | Personal/group exercise | SOC 27-1019 609 – Tattoo Artists & Piercers | Tattoos, body piercing | SOC 51-6052 610 – Tailors | Garment fitting, repair | SOC 51-6041 611 – Shoe/Leather Workers & Repairers | Cobbler, shoe shiner | SOC 39-5012 🎓 Recreation & Instruction 701 – Golf Caddies | Assist golfers | SOC 39-3091 702 – Self-Enrichment Teachers | Piano, art, knitting instructors | SOC 25-3021 703 – Recreational/Tour Pilots | Helicopter/balloon tours | SOC 25-3021 704 – Tour Guides/Escorts | Sightseeing/museum guides | SOC 39-7011 705 – Travel Guides | Expeditions, cruises | SOC 39-7012 706 – Sports & Recreation Instructors | Ski, dive, surf instructors | SOC 53-2012 🚗 Transportation & Delivery 801 – Parking/Valet Attendants | Park/tend vehicles | SOC 53-6021 802 – Taxi/Rideshare Drivers & Chauffeurs | Transport passengers | SOC 53-3054 803 – Shuttle Drivers | Scheduled route drivers | SOC 53-3053 804 – Goods Delivery People | Deliver goods/packages | SOC 53-3031 805 – Vehicle & Equipment Cleaners | Car wash/detailers | SOC 53-7061 806 – Private/Charter Bus Drivers | Motor coach/tour bus | SOC 53-3052 807 – Water Taxi/Charter Boat Workers | Operate boats | SOC 53-5022 808 – Rickshaw/Pedicab/Carriage Drivers | Bike taxis, horse carriages | SOC 53-6099 809 – Home Movers | Furniture movers | SOC 53-7062 ✅ What Employers Should Do Now Review Employee Roles – Determine if any fall under the TTOC list. Adjust Payroll Processes – Coordinate with your payroll provider to ensure compliance with new tip tax rules. Stay Updated – Treasury/IRS will finalize regulations soon, and some occupations may be clarified or excluded. Educate Managers & Staff – Make sure supervisors understand how tips are treated under the new law. 🔗 Resources Official Treasury & IRS Guidance (forthcoming)

Payroll on the Rocks? Why Restaurants Need to Rethink How They Handle Tipped Wages in 2025

By Andy Scheu • August 6, 2025
A wage and tax statement for 2025 is shown on a white background.

New Tax Breaks on Overtime and Tips: What Employers and Employees Need to Know

By Andy Scheu • July 29, 2025
New Tax Breaks on Overtime and Tips: What Employers and Employees Need to Know A major shift in tax policy is here, and it could mean more money in the pockets of millions of American workers — especially those who rely on tips or regularly work overtime. As part of the One Big Beautiful Bill (OBBB), signed into law on July 4, 2025, Congress introduced two key tax deductions: one for qualified tip income and another for overtime premium pay. These changes are designed to reward hard-working Americans and reduce the income tax burden on lower- and middle-income earners. But what does this mean in practice? Let’s break it down. No Tax on Tips: A Win for Service Industry Workers Under the new law, workers in tipped professions — such as servers, bartenders, hotel staff, and others — can now deduct up to $25,000 in tips from their federal taxable income each year. This deduction is retroactive to January 1, 2025 , and is set to remain in effect through the end of 2028. To qualify: The tips must be customary and reported to the employer . The worker must be in a recognized “tipping occupation,” such as those listed in prior IRS guidance. The deduction begins to phase out for individuals earning more than $150,000 (or $300,000 for joint filers). This means a server who reports $15,000 in tips could potentially deduct the full amount from their income when calculating their taxes — reducing taxable income and potentially saving hundreds or even thousands of dollars in federal taxes. This deduction does not apply to Social Security and Medicare taxes. Those payroll taxes are still assessed on total wages, including tips. No Tax on Overtime: Relief for Non-Exempt Employees The law also introduces a deduction of up to $12,500 per individual (or $25,000 for joint filers) for overtime premium pay. This refers specifically to the “time-and-a-half” portion paid for hours worked beyond 40 in a week under the Fair Labor Standards Act (FLSA). It’s important to understand what qualifies: Only non-exempt employees (those entitled to overtime under the FLSA) can claim this deduction. The deduction applies only to the premium portion — that is, the extra 50% above regular hourly pay. High-income earners will see a phase-out starting at $150,000 (individuals) or $300,000 (joint filers). For example, if an hourly worker earned $20/hour and worked 10 hours of overtime in a week, the overtime premium ($10/hour × 10 hours = $100) would be eligible for the deduction — not the full $300 in overtime pay. If that worker consistently earned similar overtime throughout the year, they could reach or exceed the maximum deduction and realize significant federal tax savings . What This Means for Employers Although the new deductions apply to individual tax returns, employers will play a critical role in ensuring that both workers and the IRS have accurate records. Here are the key responsibilities employers now face: Payroll Reporting Enhancements Employers must update their payroll systems to separately track qualified tips and overtime premium pay . These amounts must now be clearly designated on year-end tax forms like the Form W-2 . Form and Recordkeeping Requirements Employers will need to include additional information on employee tax forms, including: A breakdown of earnings by type (regular, overtime premium, tips). Occupation codes that identify whether the employee is in a tipping role. System and Software Updates Payroll vendors and in-house systems must be adjusted to reflect the new codes. For 2025, a “reasonable method” grace period applies, but in future years, precision will be required. Classification Reviews Employers may need to re-evaluate FLSA classifications to ensure that workers are properly labeled as exempt or non-exempt. Improper classification could result in missed deductions or even penalties. Communication and Training HR and payroll teams should be trained on the new rules, and employers should proactively communicate with employees about the potential benefits and what information will be required at tax time. How Employees Benefit — and What They Need to Do These changes are being praised as a way to put more money into the hands of frontline workers, but the deductions don’t apply automatically. Employees need to take certain steps to ensure they receive the tax benefits they’re entitled to. Maintain Accurate Records Employees should keep good records of their reported tips and overtime hours . While much of this will be available on their W-2, they should verify it for accuracy. Understand Eligibility Limits High earners may not qualify, and the deductions only apply to properly classified pay. Employees paid “overtime” who are exempt under the FLSA may find their pay doesn’t count. Prepare for Tax Filing These deductions will likely appear as line items on Form 1040 or a new IRS schedule. Employees should consult a tax preparer or financial advisor, especially during the first year of implementation. Track Annual Caps Workers should be aware of the annual deduction limits and ensure they do not over-report. Overstating deductions could trigger audits or penalties. What This Means in Dollars According to preliminary estimates from tax experts: A tipped worker who earns $20,000 in tips could save between $1,800–$2,200 in federal income taxes, depending on their tax bracket. An hourly worker earning $8,000 in qualified overtime premium pay might reduce their federal taxes by around $800–$1,200 . For households that include both tipped and overtime-earning workers, the combined benefit could reach $4,000–$5,000 annually — a significant reduction in their federal tax liability. Final Thoughts This new legislation signals a clear shift in tax policy — one that rewards work done during evenings, weekends, and holidays, and recognizes the financial challenges of service industry workers. For businesses, it means adjusting payroll systems, refining classifications, and improving documentation . For employees, it means paying attention to how their income is reported and taking full advantage of available tax savings . Time & Pay is here to help employers navigate this transition. Our systems can be tailored to properly track and report eligible tip and overtime income, ensuring compliance and helping your employees take advantage of these new deductions. If you’re unsure whether your payroll processes are ready, now is the time to evaluate and prepare. Need help tracking qualified wages and ensuring accurate reporting? Contact Time & Pay today — we’ll help you get compliant and keep your employees informed.