The recent Southern California wildfires have served as a stark reminder of the challenges businesses face when natural disasters strike. What’s most concerning is that it’s not even peak fire season yet. These fires resulted in widespread evacuation orders, smoke exposure, power outages and significant disruptions to work and daily life. As of Jan. 7, 2025, a State of Emergency was declared for Los Angeles and Ventura counties, underscoring the gravity of the situation.

For employers, understanding compliance obligations during wildfires is critical. Whether or not your business was directly affected this time, these events provide a learning opportunity. Future wildfires could impact operations, employee safety and legal responsibilities. The following are key employment law considerations businesses must prepare for when facing wildfire-related disruptions.

Employee Rights During Emergency Conditions

California labor laws provide protections for employees during emergency conditions. Under Labor Code Section 1139, employers cannot discipline or retaliate against employees who:

• Refuse to report to work or leave the workplace if they have a reasonable belief that the worksite is unsafe due to an emergency condition.
• Use their mobile devices to seek emergency assistance, assess safety conditions or communicate with family members.

An “emergency condition” includes:

1. A disaster or extreme peril to the safety of persons or property due to natural forces or criminal acts; or
2. A government-issued evacuation order affecting the workplace, an employee’s home or their child’s school.

Employers should review their workplace policies to ensure compliance and provide training to managers on these legal requirements.

Pay Obligations for Business Closures or Evacuations

If a business closes due to a wildfire or related hazards, employers need to consider pay obligations for both exempt and non-exempt employees.

• Non-Exempt Employees: Generally, reporting time pay is required when an employee is sent home early. However, if a business closes due to a natural disaster or fire hazard, reporting time pay is not required. Employees must be paid for the actual hours worked but are not entitled to additional compensation for a canceled shift.
• Exempt Employees: If an exempt employee works any portion of the day, they must receive their full salary for that day. However, deductions can be made for full-day absences if they choose to take unpaid time off or use available paid leave (such as vacation or PTO).

Employers should have clear policies in place for emergency closures and communicate pay expectations to employees in advance.

Employer Obligations Regarding Wildfire Smoke Exposure

Smoke from wildfires can create hazardous working conditions even in areas far from the fire itself. Under Cal/OSHA’s wildfire smoke regulation, employers must take steps to protect workers when the Air Quality Index (AQI) for PM2.5 reaches hazardous levels.

Employer Responsibilities When AQI is 151 or Higher:

1. Monitor air quality and communicate risks to employees.
2. Move employees to an indoor space with proper ventilation, if possible.
3. Provide N95 respirators for voluntary use when AQI is between 151 and 500.
4. Require the use of respirators when AQI exceeds 500.
5. Train employees on the health effects of wildfire smoke and how to protect themselves.

Employers can reference the Cal/OSHA fact sheet on wildfire smoke for additional compliance guidance.

New Hire Notice Requirements in Declared Emergencies

California requires employers to provide non-exempt employees with a Labor Code §2810.5 notice outlining their wages, pay schedule and other key information. When a state of emergency is declared, employers must also notify new hires about the emergency declaration’s impact on health and safety.

For businesses operating in Los Angeles or Ventura counties, any employee hired within 30 days of Jan. 7, 2025 (or future emergency declarations) must receive this updated notice with the emergency box checked. Failure to comply can lead to liability under the Private Attorneys General Act (PAGA).

Preparing for the Future

Wildfires in California are becoming increasingly unpredictable and severe. While some businesses were directly affected by the recent fires, all employers should take this as a wake-up call to prepare for future emergencies. Key steps include:

• Reviewing emergency leave and pay policies to ensure compliance with California law.
• Updating wildfire smoke protection plans and ensuring N95 masks are available.
• Training managers and HR teams on employees’ rights during emergency conditions.
• Communicating clear procedures for business closures, evacuations and employee safety.

A quick check-in with legal counsel now can save a lot of stress and confusion when a natural disaster hits. The legal landscape around disaster-related employment obligations is always evolving, and staying ahead of potential issues can make all the difference.

Taking proactive steps today — reviewing policies, updating compliance measures and ensuring your team knows their rights — can help protect your business and keep employees safe when the next wildfire or emergency arises.