California Employment Laws Related to States of Emergency

Key Takeaways

• Employers must not retaliate against or otherwise penalize employees who refuse to work or who use their phones due to emergency conditions.
• Employers must provide written notice to nonexempt employees about states of emergency and disaster declarations that could affect their health and safety within seven days.
• Employers should stay informed of California’s labor laws relating to public emergencies to ensure compliance and avoid legal claims.

Amid the ongoing Southern California wind and fire emergencies, California employers should keep in mind key emergency-related legal protections for employees and obligations placed on employers. Specifically, the Wage Theft Protection Act (WTPA) requires employers to notify employees about disaster declarations, and the Workers’ Rights in Emergencies Act (WREA) ensures that workers are protected from retaliation for taking certain steps to ensure or communicate regarding their safety during emergencies. Staying informed and compliant with these requirements can help avoid legal risks and ensure a safer work environment for employees.

California’s Wage Theft Protection Act (Cal. Labor Code § 2810.5)

Overview

Under the WTPA, California employers must provide certain notifications to employees when a state of emergency or a disaster declaration is issued by California or federal authorities. Employer notice obligations trigger when

1. the employee is classified as non-exempt and is not covered by a collective bargaining agreement that meets certain conditions;
2. the declaration applies to the employee’s county of employment;
3. the declaration was issued within 30 days of the employee’s start date; and
4. the declaration may impact the employee’s health and safety during employment.

What Employers Must Include in the Notice

Employers must inform employees about the existence of the emergency or disaster declaration and explain how it could affect their health and safety during employment.

Timing of the Notice

While the WTPA mandates that this notice be provided to employees at the time of hiring, it also requires employers to update and reissue notices within seven days if any of the information in the notice changes. This means that employers have a continuing obligation to notify employees of any new or updated declarations.

Acknowledgment of Receipt

Although the WTPA does not require employers to obtain written acknowledgment from employees that they received the notice, it is a best practice to secure such acknowledgments. This can help protect your organization in case the receipt of the notice is later disputed.

Workers’ Rights in Emergencies Act (Cal. Labor Code § 1139)

Overview

California’s WREA provides protections for employees in emergency situations, such as natural disasters, that may make a workplace unsafe. The WREA prohibits employers from penalizing employees for leaving or refusing to work in unsafe conditions during an emergency.

Employer Obligations

Retaliation

Employers must not take any adverse actions against an employee who refuses to report to work or leaves the workplace if they have a reasonable belief that the workplace is unsafe due to an emergency condition.

Mobile Device Usage in the Workplace

Employers cannot prevent employees from using their mobile devices to seek emergency assistance, assess safety, or verify their own or others’ safety during an emergency unless specific exceptions apply.

Exceptions

Certain workers are excluded from these protections and may be required to remain at work or follow other protocols during emergencies. These include:

• First responders
• Disaster service workers
• Healthcare employees providing direct care or emergency response
• Employees involved in critical emergency services (e.g., utility workers, employees on military bases)
• Employees working in certain industries such as nuclear facilities or depository institutions

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