Is it legal for my employer to change the employees status from essential to emergency without Hazard pay

UPDATED: Oct 1, 2022

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Is it legal for my employer to change the employees status from essential to emergency without Hazard pay

Every month or so my
employer is trying to
get me to sign
memorandums policy
procedures that states
that we’re essential
Personnel now all of a
sudden exchange to
emergency personnel and
saying that we have to
be the First Responders
without Hazard pay is
that legal?

Asked on February 13, 2018 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no legal obligation to pay "hazard pay" unless you have a written contract (including union agreement) giving you the right to hazard pay. If you do have such a contract, you can enforce its terms in court if necessary, to get any additional pay to which you are entitled; but without a contractual guaranty of hazard pay, you can be required to respond without extra pay.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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