Compliance Obligations for Employers During Wildfires 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. By Scali Rasmussen PC 27 California New Car Dealer Quarterly
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