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CA Wildfire - Employment Law Resource
Editor's Note
CA Wildfire - Employment Law Resource
If you have employees in California, especially those affected by the LA wildfires, here are some great resources to learn what you need to know about paying people, protected leave, and what benefits may apply.
Instead of reprinting one article, I'm the links and an excerpt to these three helpful posts.
I've walked employers through difficult times including wildfires, floods, earthquakes, and the pandemic shutdown. The most important thing you can do is offer flexibility and compassion for people who are not okay and doing the best they can to function, take care of basic needs, and start to make sense of their lives. It's a long road and much of the work is invisible.
After hurricane Katrina hit Louisiana, a friend of mine needed some time off to help friends and family clean up and recover. The big accounting and consulting firm she worked for said no because things were busy. She quit. They lost an amazing employee at an important time and were faced with the time and cost to replace her instead of asking for some extensions and a couple weeks of leave.
Don't be that employer.
Thank you to Baker Hostetler and Proskauer for putting these excellent resources together.
This is an overview of the disaster and workplace safety notices employers are required to give employees.
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.
Employers’ Wage and Hour FAQs: California Wildfires Edition
by Sehreen Ladak, Anthony Oncidi, and Jonathan Slowik
This article covers getting employees paid and when employees may legally refuse to work during disasters.
California law prohibits employers from retaliating against workers who refuse to work in unsafe conditions, including when their worksite is an evacuation zone. Employers should check local evacuation orders before reopening worksites and communicate clearly with employees about when it is safe to return.
Employees may be able to tap into 401(k) accounts for hardship distributions or loans. Check with your benefits administrator to see what your organization's plan covers.
Given the wide range of in-service distributions theoretically available to participants, most 401(k) plans are positioned to make relief available to eligible participants. For 401(k) plans that currently permit hardship distributions, other in-service distributions or plan loans, the next step may be publicizing the relief already available to impacted participants. Plan sponsors who have not adopted these features—or who are looking to expand or modify distribution options in response to the L.A. wildfires—should coordinate with their recordkeepers regarding the implementation steps and timeline.
To everyone dealing with disasters, I'm sorry this is happening to you. I'm glad you made it this far. Keep going a bit at a time. I'm sending you strength and love.
- Heather Bussing
