California residents are well aware of the natural disasters that can strike at any moment. That’s why many people learn about emergency preparedness and have a plan of action in the event of an earthquake, tornado, wildfire, and other emergencies. But most of us don’t think about how a natural disaster affects our employment rights – specifically, whether your employer can force you to come into work during unsafe conditions.
Fortunately, Senate Bill 1044 addresses the issue of whether an employer can legally require you to report to work during natural disasters. As of January 2023, employers cannot penalize an employee who refuses to work or report to their work site when there is reasonable cause to believe that the workplace is unsafe.
Please note, however, that SB 1044 does not include pandemics as an emergency condition. So, protections for those are afraid to come to work due to COVID 19 and other pandemics are not part of this bill.
Did your employer retaliate against you or threaten adverse action for refusal to work during a natural disaster? If so, please take some time to speak with the labor law attorneys at our office. We are happy to provide you with a free assessment of your case and the legal actions that are available to you, which may include a lawsuit for monetary damages.
What are My Rights as An Employee During a Natural Disaster?
Senate Bill 1044, which went into effect as of January 1, 2023, makes it illegal for employers to threaten or penalize employee who leave their jobs during emergencies or refuse to show up for work. However, the employee can only assert their rights if they reasonably believe that coming into work or staying in the work environment is unsafe.
As for how a reasonable belief of unsafe conditions is defined, here are the guidelines according to California Senate Bill 1044:
- An emergency counts as any situation where people in a workplace are in danger because of a natural disaster or criminal act, or whenever an evacuation is ordered because of these events.
- The standard for deeming a workplace unsafe is whether a reasonable person in the same situation, with the available information, would believe that they was a serious risk to their health and safety by staying at or entering the work site.
Another area that the law takes into account is the employer’s compliance with health and safety rules that are related to the emergency. Whether an employee was aware of these rules and trained on specific regulations is also pertinent to their right to not come in or remain at their place of employment.
Employers are also forbidden from not allowing their workers to use phones and other electronic devices to:
- Call 911 or another service for help
- Verify the nature and extent of the emergency
- Check in with family members
Employees Who are Required to Work During Natural Disasters
Please note that some employees are not covered by Senate Bill 1044, as the nature of their profession requires them to work during emergency situations. People who are not afforded protection under SB 1044 are as follows:
- Disaster service workers
- EMTs, firefighters, and other first responders
- Medical professionals whose role is to offer direct care or support patient care during a crisis
- City and state employees or contractors whose job duties involve or are related to emergency services
- Workers at military bases and other defense sectors
- Employees that work with nuclear materials / waste or nuclear reactors
- Energy, communication, utility, and roadside assistance workers
- Staff working at residential care facilities
- Employees of depository institutions
- Workers that specialize in guiding and transporting people during evacuations
- Certain employees of private fire prevention companies
As long as you are not employed in any of these sectors, you cannot be forced by your employer to work when there is a natural disaster.
Legal Advice from an Employment Rights Lawyer
Workers are vulnerable to having their rights violated by their employer in the event of a natural disaster. We understand the complex nature of these cases and want you to know that our law firm is here to help, 24 hours a day, 7 days a week.
If you believe that your rights were violated by your employer, there’s no need to stay silent when you can contact us immediately for a free consultation. Our labor law attorneys can help you seek compensation for the harm you suffered, while ensuring that you won’t have to worry about the cost of legal fees. With the Zero Fee Guarantee, all legal fees are recovered once we obtain your settlement from an employment rights violation claim. If you don’t get paid from a legal action against your employer, you won’t be asked to cover any of our expenses.
To learn about your rights and legal options, please contact California Labor Law Employment Attorneys Group.
