As wildfires continue to devastate parts of the Los Angeles area, causing destruction and forcing thousands of residents to evacuate, employers must be aware of the legal obligations and workplace safety considerations that come into play during such disasters. With the recent declaration of a “Major Disaster” by President Biden, employers are facing unprecedented challenges, including workplace safety, staffing concerns, and compliance with California’s labor laws. Here’s what employers need to know to navigate these critical issues effectively.
Emergency Preparedness and Communication
The ongoing wildfires demand that employers reassess their emergency preparedness plans. With evacuation orders in place and air quality deteriorating, businesses must prioritize effective communication and employee safety. Employers should:
- Review emergency response plans: Ensure they have updated contact lists and clear communication protocols in place for employees affected by the wildfires.
- Assess critical business functions: Determine which operations are essential and implement measures to maintain those functions during the emergency.
- Provide flexible work arrangements: Consider remote work, adjusted schedules, or temporary suspensions of operations to accommodate evacuation orders or hazardous conditions.
Workplace Safety and Health
Employers must ensure their employees are protected from wildfire smoke and other hazards, even during disruptions caused by the disaster. In California, the Division of Occupational Safety and Health (Cal/OSHA) requires businesses to maintain workplace safety standards, especially when smoke levels become hazardous. Key requirements include:
- Wildfire smoke safety: Employers must monitor the Air Quality Index (AQI) for PM2.5 levels. If the AQI exceeds 151, businesses must implement measures to protect employees from the risks of wildfire smoke. Cal/OSHA’s guidelines provide detailed requirements for outdoor workplaces and indoor settings without proper air filtration.
- General workplace safety: Employers are responsible for protecting employees from all known hazards, including those related to wildfires.
California Wage and Hour Requirements
In light of workplace disruptions caused by the wildfires, employers must comply with wage and hour laws:
- Nonexempt employees: Employers must ensure nonexempt employees are compensated for all hours worked during the disaster, including any overtime. Hours worked must be tracked and recorded as required by law.
- Exempt employees: Exempt employees are entitled to their full salary if they work any part of the week, even if they are required to stay home or evacuate due to the fires.
- Reporting time pay: Employers must provide “reporting time” pay if an employee reports for work but is given fewer than half of their scheduled hours, unless the interruption is caused by an Act of God, such as a wildfire.
The City of Los Angeles has confirmed that closures due to wildfires are an exception to the Fair Work Week Ordinance, which typically requires employers to provide at least 14 days’ notice of work schedules. Employers who face disruptions due to wildfires or other force majeure events are not required to comply with the usual scheduling requirements.
Employers may also need to grant employees time off under the California Family Rights Act (CFRA) or the Family and Medical Leave Act (FMLA) if they suffer from a serious health condition worsened by the wildfire or smoke. Employees may also qualify for leave to care for family members affected by the disaster.
By staying informed and prepared, employers can not only protect their workforce but also ensure compliance with California laws during these challenging times.
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