Emergencies like wildfires, earthquakes, flood, power outages, or other natural disasters create challenging conditions for employers and employees. Understanding your obligations toward your employees in response is not just a legal obligation but also an important aspect of fostering a safe and supportive workplace. Here are five things you need to know as you navigate your responsibilities in response to natural or other disasters.

• You Have an Obligation to Create a Safe Workplace. Employers cannot require employees to report to or remain in affected areas during emergencies, such as wildfire zones, unless the law allows the employer to do so (e.g., first responders). And employees have the right to refuse to work in conditions they reasonably believe to be unsafe. The Labor Code prohibits retaliation against employees who exercise this right. And be aware, in response to fires, employers may need to monitor the air quality index, evaluate changing job duties or moving employees to a location with healthy air, and provide proper respiratory protection, such as N95 respirators. Have you checked your Injury and Illness Prevention Plan lately? Conducted training? We can help!
  
• Emergency Communication Must be Permitted. Workers must be allowed to use their phones during emergencies to access assistance, assess safety, or confirm the well-being of loved ones.
  
• Evacuation Orders and Worker Safety. Employees cannot be required to work in areas under mandatory evacuation orders.
  
• Employers Must Pay for Hours Worked. Exempt employees who work any part of the workweek must receive their full weekly salary, even if work interruptions occur. Employers must compensate non-exempt employees for all hours worked, including time spent under the employer’s control during power outages or other interruptions. This includes:
  
  • Standby Time: If non-exempt employees are restricted to the workplace while awaiting power restoration, this constitutes compensable working time.
    
  • Split Shifts: Sending non-exempt employees home and later requiring them to return may trigger additional compensation under California law.
    
• Be Aware of Your Paid Sick Leave Obligations. Employees may use accrued sick leave to:
  
  • Avoid hazardous conditions such as wildfire smoke, heat, or flooding.
    
  • Care for their own health or that of a family member.
    
  • Remember, agricultural workers who work outside and are entitled to paid sick days can use paid sick leave to avoid smoke, heat, or flooding conditions created by a local or state emergency.

Emergency conditions can disrupt lives, but proactively communicating with your employees about safety policies can help everyone navigate emergencies with care and compliance. Have questions about your specific situation? Let us know how we can help. Stay safe!

Back to Blog