California Wildfires: What Employees Need to Know

The devastating wildfires in California impacted not only our homes and close-knit communities but also our workplaces. With the evacuation orders, many employees had to leave their homes; some missed work, while others made efforts to report to work despite the challenges. As an employee, during such natural disasters, it is crucial to understand your rights and your employer’s legal obligations during these challenging times. Here is what every employee should know in the aftermath of the wildfires.

Workplaces in Areas Under Evacuation Orders

It’s important to know that your employer should not ask you to work in an area under a mandatory evacuation order. If they do so, they may be violating the Labour Code, Penal Code, and Government Code.

You are Protected From Retaliation

Per Labor Code section 1102.5(c)), your employer should not retaliate against you for refusing to work where mandatory evacuation orders are in place. Additionally, you cannot be legally discharged for refusing to do so if this violates an occupational or health standard or safety order.

Wage Entitlement During Natural Disasters

Wildfires, whether due to heavy smoke or evacuation orders from civil authorities, may force businesses to close or adjust their operating hours. These changes can affect how both non-exempt and exempt employees are compensated. Here is what you need to know regarding wages:

i) You are Entitled to Pay for Any Work Interruptions

As an exempt employee, you are entitled to your full weekly salary if you work during the week. You must be compensated for work interruptions caused by wildfires if you remain under your employer’s control, even if you are not working during the disruption. For instance, if you worked on the first day of the week, then the wildfires prevented any other work from being done during that work week, you should be paid the entire salary for that week. However, if your workplace was closed for a whole workweek and no work was performed, your employer may choose not to pay you salary. 

For non-exempt employees, if you work during a wildfire event, your employer must pay you for all hours worked, per California labor laws. Under California’s reporting time pay rules, employers are typically required to pay employees for half of their scheduled shift if they are sent home early. However, these rules do not apply when work disruptions are caused by “Acts of God” or other events beyond the employer’s control, as outlined in IWC Wage Orders 1-16, Section 5(C). Therefore, if your employer closed the office and sent you home due to wildfires, an act of God, they are generally not required to pay you for hours you did not work. 

Using Leave Days During Wildfires

As of January 1, 2024, employers must provide at least 40 hours or five days of paid sick leave annually. During emergencies like wildfires, you are entitled to use your accrued sick leave for the diagnosis, treatment, or care of a health condition or preventive care for yourself or a qualifying family member. Additionally, you may qualify for unpaid leave under the California Family Rights Act or the federal Family and Medical Leave Act if you or a family member develop a serious health condition related to wildfires. Parents can also use up to 40 hours of leave per year to address school-related emergencies, such as closures.

Contact a California Employment Lawyer

If you have questions or believe your employer did not comply with labor laws during the wildfire emergency, consult a California employment lawyer for guidance and support.