Be prepared: Know your rights at work in an emergency
April 24, 2025
Devastating wildfires in Southern California and a tsunami warning in the Bay Area are recent reminders that Teamsters should know their rights at work in an emergency.
In 2022, the Workers’ Rights in Emergencies Act became law in California, defining an “emergency condition” as caused by either a natural disaster or a criminal act:
“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” or “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.”
If an employee has a reasonable belief that the worksite is unsafe because an emergency condition occurs, the employer is forbidden from taking adverse action against any employee for refusing to report to—or leaving—a worksite. However, a “reasonable belief” means that there must be a real danger of death or serious injury.
The law also forbids an employer from blocking employee access to a cell phone or other communications device when the employee is seeking emergency assistance, assessing the safety of the situation, or communicating with a person to verify their safety.
Note that the law does not cover workers who may be called upon to provide emergency services, such as employees of residential care facilities, transportation employees participating in evacuations, and others listed in § 1139 of the Labor Code.
Compensation
If employees choose to take time off due to emergency conditions, the employer does not have to provide paid leave. However, vacation or other paid leave could be usable depending on the employer’s policies. Under Labor Code § 246.5, an employee may be able to use paid sick leave if avoiding hazardous conditions like wildfire smoke.
If the emergency results in an injury or illness to the employee, State Disability Insurance (SDI) may be available. An employee may also use paid family leave to care for a family member who has suffered a serious injury or illness.
Remedies
An employee who is retaliated against for exercising rights under the Labor Code should file a retaliation complaint with the Labor Commissioner. Additionally, union members who are acting on a reasonable belief of real danger are protected under union contracts with a just cause for discipline or discharge clause.
