As residents of the mid-Atlantic region woke up this morning, a tableau of floatsam and burned wreckage awaited them.   Sandy was predicted to be bad, but still surprised forecasters.  Record high-water marks in New York City.  Nearly six million people throughout the region without power.  A fire in Queens drew more than 200 firefighters.   In the words of Governor Chris Christie of New Jersey, his state was “devastated.”  All the while, experts were saying power could be out in New York for days, and the city’s subway tunnels are virtually submerged. 

So far, Hurricane Sandy is living up to the “Frankenstorm” nickname.  As the Northeast geared up for the storm, New York City had prepared for the worst. City officials shut down the transit system, ordered evacuations of over 370,000 people in high-risk areas, and emptied the city’s schools.  On Monday, President Obama stood in front of reporters and reiterated that people should heed evacuation warnings as he said, “Do not delay, do not pause, do not question,” when given the order to leave.

Indeed, Hurricane Sandy is not a storm to be taken lightly. Jim Walker reported yesterday on Cruise Law News that a replica of the HMS Bounty (a three-masted sailing ship used in a Marlon Brando movie and featured in a Pirates of the Caribbean film) sank after running into Hurricane Sandy’s wake:

“The ship was reportedly sailing from Connecticut to St. Petersburg, Florida when it began taking on water and lost propulsion last night.  According to the HMS Bounty Organization’s website, the ship’s position was off the coast of North Carolina, at N 34°22′ W 074°15′.  There were 16 people aboard the ship including crew as well as passengers. Last night, the Coast Guard dispatched a C-130 aircraft to the area. This morning Coast Guard helicopters arrived and hoisted 14 people who had abandoned ship and were in 25-foot lifeboats. Two individuals are missing.”

While over 60 million people anxiously waited for the monster storm to land, the FCC issued two public notices to broadcasters and communications companies.  Always on top of the latest communications legal news, David Oxenford provided analysis on the importance of these notices on his Broadcast Law Blog:

“The first public notice advised broadcasters and other communications companies that the FCC will be available 24-7 over the weekend and during the storm to answer calls about service outages, to assist where possible in restoring any lost service, and to issue emergency authorizations for temporary facilities.  As we have written before, the FCC has been helpful in past disasters – seemingly able to bridge bureaucratic barriers that might otherwise delay the restoration of communications services.  The second public notice was directed to consumers, telling them to try a variety of means to communicate if one service is not working, suggesting text messages if mobile networks are affected by the storm, and urging that communications be kept short and limited to immediate needs so as not to overload any communications systems.”

When the storm touched down last night, the FCC activated its Disaster Information Reporting System.  From the Comm Law Blog:

“As we anticipated, the FCC has activated its Disaster Information Reporting System (DIRS), to enable it to monitor damage to broadcast and telecommunications facilities during Hurricane Sandy.  (Note that the activation has occurred even though the FCC itself is shut down because of the storm — major props to the folks in the FCC’s Public Safety and Homeland Security Bureau for stepping up to shoulder this important responsibility.)

The DIRS is a voluntary, web-based system that communications providers – a universe that includes wireless, wireline, broadcast, cable and Voice over Internet Protocol providers – can use to report “communications infrastructure status and situational awareness information during times of crisis.””

Over the weekend, federal employees throughout the Northeast were told to stay home, but given the severity of the storm, they may not be the only ones in line for some time off.  Widespread power outages are expected, and while President Obama reassured reporters that there is “Extraordinary close coordination between state, federal, and local governments,” he also noted that first-responders and utility company employees would hold off on most repairs until the worst had passed.

What could this mean for businesses and their workers?  The employment and labor law attorneys on LXBN tackled this question as Hurricane Sandy turned towards New Jersey and Delaware. Kara Maciel, a contributor to the Wage & Hour Defense Blog offered up a few points employers should be mindful of under the FLSA:
“A non-exempt employee generally does not have to be paid for weather-related absences. An employer may allow (or require) non-exempt employees to use vacation or personal leave days for such absences. But, if the employer has a collective bargaining agreement or handbook policies, the employer may obligate itself to pay through such policies.
An exempt employee generally must be paid for absences caused by office closures due to weather, if he/she performs work in that week. The Department of Labor has stated that an employer may not dock a salaried employee for full days when the business is closed because of weather. Partial day deductions for weather related absences are not permitted.”
But, as Daniel Schwartz pointed out on the Connecticut Employment Law Blog, not all employees would be safe at home as the storm made its way through the north east.  In Connecticut, private employers are not obligated to shut their doors unless the governor declares a state of civil preparedness emergency:

“Indeed, under subsection (a), he is “authorized and empowered to modify or suspend in whole or in part, by order as hereinafter provided, any statute, regulation or requirement or part thereof whenever in his opinion it is in conflict with the efficient and expeditious execution of civil preparedness functions.”But that’s not happening here.  At least not yet.  (If you’re curious on more about the state’s Disaster Plan, you can download it here.)

Thus, its up to each employer to decide what to do. Some, like our office in Bridgeport, will have no choice but to close because of the storm surge and flooding. Others will also need to close because of the expected power outages.”

While it’s true that many are thinking about life after the storm, and how to keep their businesses afloat in the midst of this national tragedy, it’s important to remember that not everyone will be as lucky.  Early reports indicate there are at least 15 storm related deaths, and that number could rise as Sandy makes her way inland.  Cordell Parvin was mindful of that as he took a break from his normal posting regimen to wish the best for Sandy’s victims.  His words reflect what all of us on LXBN are thinking:

“When I woke up this morning I thought about my blog for today. Then I thought about the number of readers who would not likely have power to turn on their computer to read it. I also thought that those of you not affected by the hurricane are still not focusing on client development today.

I decided to simply tell those readers that my thoughts and prayers are with you.”