As the wildfires continue in Southern California, local communities quickly mobilized and responded with massive volunteer efforts to help those affected by the wildfires. American Red Cross, Habitat for Humanity, World Kitchen, and many other organizations are doing great work to help evacuees address day-to-day issues that have arisen. A spontaneous donation center at Santa Anita racetrack has helped thousands of people already. Many people across Southern California took time off from work to volunteer. Many employers sponsored events and encouraged employees to volunteer during this time of need. Employers should, however, approach this time of generosity with care, ensuring that well-intentioned actions are met with support and not unintended consequences.
- Employers May Not Require Employees to “Volunteer” At Events: Employees may not be compelled to “volunteer” or work at volunteer events under California and Federal wage and hour laws without pay. Encouraging or enlisting their employees to participate at employer-sponsored volunteer events must occur without pressure or coercion. Consider documenting in writing that volunteer efforts are genuinely voluntary.
- Employers Do Not Need To Pay Non-Exempt Employees Who Take Time Off To Volunteer: If an employer grants time off of work to employees to participate in volunteer efforts, the employer does not need to pay for any non-exempt employee who takes time off from work. Exempt employees, however, are due a week’s salary if they conduct work during that week. California law does not provide job-related protection for employees who take time off to volunteer. However, employees may be eligible for vacation pay on days that they volunteer. In such a case, employers should check their policies and permit employees to take time off if permissible and take careful consideration of taking actions against employees that fail to return from “volunteer” work.
- Leave Protection for Volunteer Firefighters, Reserve Peace Officers and Emergency Rescue Personnel: California law provides protected leave for employees who are volunteer firefighters, reserve peace officers, and emergency rescue personnel. An employer should not discharge, threaten to discharge, demote, suspend or discriminate against an employee for taking time off to engage in fire, law enforcement, or emergency rescue training. In addition, employers with 50 or more employees must allow employees to take temporary leaves of absence, not to exceed an aggregate of 14 days per calendar year, for the purpose of engaging in fire, law enforcement, or emergency rescue training.
The Southern California wildfires have presented unique and different challenges to both employers and employees. CDF is committed to staying vigilant and supportive of our clients, our team, and others who have been impacted by this massive disaster.
