California has enacted legislation (Senate Bill 1044) that will prohibit, with limited exceptions, an employer from taking adverse action against an employee for refusing to report to, or leaving, work during emergency conditions. Senate Bill 1044 takes effect Jan. 1, 2023.
The Details:
In the event of an emergency condition, employers are prohibited from doing either of the following:
- Taking or threatening adverse action against any employee for refusing to report to, or leaving, a workplace or worksite within the affected area because the employee has a reasonable belief that the workplace or worksite is unsafe. Certain types of workers, such as emergency responders, are exempt from this provision. See the text of the law for details.
- Prevent any employee from accessing the employee’s mobile device or other communications device for seeking emergency assistance, assessing the safety of the situation, or communicating with a person to verify their safety.
Covered Emergency Conditions:
Senate Bill 1044 defines an emergency condition as the existence of either of the following:
- Conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act.
- An order to evacuate a workplace, a worksite, a worker’s home, or the school of a worker’s child due to natural disaster or a criminal act.
Note: A health pandemic isn’t an emergency condition under the law.
Reasonable Belief Defined:
The law establishes that “a reasonable belief that the workplace or worksite is unsafe” means a reasonable person, under the circumstances known to the employee at the time, would conclude there is a real danger of death or serious injury if that person enters or remains on the premises. The existence of any health and safety regulations specific to the emergency condition and an employer’s compliance or noncompliance with those regulations are a relevant factor if this information is known to the employee at the time of the emergency condition or the employee received training on the health and safety regulations mandated by law specific to the emergency condition.
Employee Notice Required:
When feasible, an employee must notify the employer of the emergency condition requiring the employee to leave or refuse to report to the workplace or worksite prior to leaving or refusing to report.
When prior notice isn’t feasible, the employee must notify the employer as soon as possible of the emergency condition that required the employee to leave or refuse to report to the workplace or worksite.
Next Steps:
- Review policies and procedures to ensure compliance with Senate Bill 1044 by January 1, 2023.
- Train supervisors on how to handle situations in which an employee leaves or refuses to report because of covered emergency conditions.
Please contact your ADP service professional if you have any questions.