Employee Rights During Wildfires, Earthquakes and Flooding

California has already seen another year shaped by extreme weather, from periods of heavy rainfall and localized flooding to increasingly active wildfire conditions across multiple regions. Natural disasters are unfortunately increasing, making it more important than ever for employers to understand their compliance obligations during these events and be prepared to respond.

Employee Protections

Did you know that your employees can refuse to report to work during certain natural disasters? The California Labor Code offers employees protection from any negative employment consequences (or threat of adverse action) for refusing to report to work or for leaving a workplace if employees have a reasonable belief that the workplace is unsafe due to an emergency condition. Emergency conditions are defined as:

• A condition of disaster or extreme peril to the safety of persons or property at the workplace, caused by natural forces or a criminal act
• An order to evacuate a workplace, worksite, worker’s home, or the school of the worker’s child due to a natural disaster or a criminal act

Do you have a no-cellphones policy during worktime? Be sure to include a carveout allowing employees to use their mobile devices during emergency conditions. Employees have a right to use mobile devices to seek emergency assistance, assess the situation, or communicate with a person to verify their safety during emergencies.

Reporting Time Pay

Do you have to pay reporting time pay if you close your business and send employees home during an emergency? For natural disasters outside of the employer’s control, like an earthquake or wildfire, these events often provide an exception to reporting time pay requirements.

As a refresher, in California, employers must generally pay a non-exempt employee “reporting time pay” when the employee reports for their regular shift and works less than half of their scheduled shift. In this case, they must be paid at least half of their scheduled hours, never less than 2 hours, nor is it required to pay more than 4 hours.

However, there are exceptions to reporting time pay requirements, including when:

1. Operations cannot commence or continue due to threats to employees or property, or when recommended by civil authorities (e.g., bomb threat);
2. Public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities or sewer system (e.g., power goes out during a storm); or
3. The interruption of work is caused by an Act of God or other cause not within the employer’s control (e.g., an earthquake, wildfire, etc.).

Leaves of Absence

What about the “human” side of natural disasters? If an employee has just lost their home in a wildfire or is currently displaced due to evacuation orders, they will need time to recover, both from a practical and emotional standpoint.

Even if an employee does not have a protected leave of absence available, consider any optional leave policies, such as offering a personal leave of absence. Depending on your policy, a personal leave may be paid or unpaid, and you may choose whether to continue healthcare benefits during the leave.

For employers offering Employee Assistance Programs (EAPs), make sure you communicate what services are available to employees, such as counseling.

For additional questions on employee rights and employer policy options, CEA members may call us at 800.399.5331 or email us at CEAinfo@employers.org.

Need help preparing your company for the unexpected? Give us a call at 800-399-5331