CALIFORNIA WILDFIRES CAN STOKE LITIGATION LIABILITY AND IGNITE EMPLOYER’S NEED TO REMAIN COMPLIANT

Amid the personal chaos caused by the fires that have ravaged the state, many business operations have also felt the impact or will in the weeks and months to come. Our thoughts go out to any of our affected clients during this time of crisis. Below is valuable information if you are currently impacted by this disaster. For others, please take the time to review the list to proactively ensure your organization is ready and prepared to handle employment issues in the wake of a disaster.

Natural disasters can create unrest for managers and owners for a paramount of reasons. Unfortunately, during this time evaluating employee concerns may seem subordinate to the more urgent needs of the organization during the time of crisis. Please take a few moments to review your policies, wage orders or regulations as they relate to the following issues which can arise when a natural disaster strikes:

• Determine if “show up” pay is owed to employees scheduled to work when work cannot commence
• Understand the difference between a company choosing not to continue operations versus an inability to do so based on a natural disaster
• Understand how to pay exempt salaries when work cannot commence
• Make strategic decisions for employers who cannot operate for an extended period of time or can only operate at minimum capacity and impact the workforce
• Prepare a policy in advance for employees who may need time off to handle personal issues related to the fire (loss of home, etc.)
• Review of your own medical leave policy in anticipation of potential increases in requests related to smoke, heat or injury
• For those employers that are involved in relief efforts, and may be working around the clock to assist (clean up, catch up, etc.), verify that any mandated work does not violate wage order or labor code rules based on maximum hours worked or minimum days off in a workweek

Additionally, employers everywhere may find themselves faced with an increase of time off requests from employees requesting leave in order to perform volunteer firefighter or emergency rescue duties in support of relief efforts relating to the ongoing emergency status of these regions. While many employers may be apt to voluntarily approve such time off based upon the good-natured intention of the request, employers should be aware that under California Labor Code 230.3 all employers are required to allow for time off for volunteer firefighters, reserve peace officers, and emergency rescue personnel for purposes of engaging in fire and emergency duties. It is a good reminder to ensure your leave policies in your handbook are clearly and accurately outlined, as well as that supervisors and managers are properly trained in identifying these requests, so as to avoid any inadvertent denial of protected time.

If you have any questions, please feel free to contact Holden Law Group to discuss.