Your Job and the Los Angeles Fires - What You Should Know

During these turbulent times, it is important for California employees who have been affected by the fires to understand what their rights are in terms of their employment. Below is a summary of various laws that may apply to any California employee who has been affected by the fires in Los Angeles or elsewhere.

Payment of Wages During the Wildfires or other Natural Disasters

If employers are forced to close down their businesses due to wildfire damage, smoke infestation, or civil orders for evacuations or closures, it can impact how employees are paid.

Nonexempt employees, who are typically, but not necessarily, employees who are paid on an hourly basis, are only eligible to be paid for all hours actually worked. However, one exception is California's "reporting time pay" rule, which requires an employer to pay each employee who is required to report to work, but is not put to work or is furnished with less than half of his/her usual or scheduled day's work. In that case, the employer must pay the employee for half the usual or scheduled day's work, but in no event for less than two hours nor more than four hours, at his/her regular rate of pay. However, the application of the "reporting time pay" rule is complex when the reason an employer sends an employee home early is due to acts of God or other causes not within the employer's control, such as wildfires. In those situations, an employer is only obligated to pay a nonexempt employee for actual hours worked.

Exempt employees, who are typically, but not necessarily, employees who are paid on a salary basis, must always be paid their standard salary for the week whenever they perform any work in a workweek. Thus, if an employer's workweek starts on a Monday, and an exempt employee works on Monday but is called off by the employer for the rest of the week due to the wildfires or any other reason, the exempt employee must be paid his/her entire salary for the week.

Time Off from Work

During these wildfires, employees may use their paid sick leave under certain health-related conditions to use that time for the diagnosis, care or treatment of an existing health condition, or for preventative care for the employee or a qualifying family member of the employee. Employees may further be eligible to take up to twelve weeks of job-protected leave under the federal Family Medical Leave Act or California's Family Rights Act if they meet the criteria.

An employee who's child's school or licensed daycare has unexpectedly closed as a result of the wildfires may be eligible to take time off under California's School Activities Leave law, which applies to employees whose employers have 25 or more employees working at the same location. Under the School Activities Leave, employees may take up to 40 hours of leave a year to either appear at a child's school or daycare activities or in the event of an emergency, which includes closures or unexpected unavailability of the school or day care. This leave is unpaid.

Whether the employee can use his/her accrued vacation time for matters related to the wildfires will be up to the employer's vacation policy. Employers must however apply their vacation policies consistently to all employees.

Hazardous Worksite

The California Division of Occupation Safety and Health (Cal/OSHA) enforces rules on employers related to unhealthy air due to the ashes and smoke caused by the wildfires. Subject to some exceptions, employers whose jobsites have been affected by air quality issues related to wildfire ash and smoke are required to comply with Cal/OSHA established regulations.

Employers are further prohibited from retaliating against employees who complain about unsafe/hazardous working conditions. Thus, any employee who is retaliated against by the employer for complaining about unsafe working conditions may be able to pursue legal action against the employer.

- For more questions or a free consultation regarding employment law, personal injury, or property damage, please contact Shiraz Simonian at 818-405-0080 ext. 101 or shiraz@simonianlawfirm.com.