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Taking care of your business: Employment considerations in a natural disaster

January 2025 employment law letter
Authors: 

Mark Schickman, Schickman Law

Employees and employers all over the Southland are dealing with situations of life and death, loss of home and business. Against this backdrop, employment issues are small. But in addition to all of the monumental strains and stresses of Southern California’s raging wildfires, this natural disaster implicates additional rules for HR professionals. Of course, every rule must be tempered by humanitarian considerations, the needs of your staff and employees.

Safe workplace

It should go without saying that you need to be sure your workplace remains safe from all dangers, including the dangers of natural disasters.

An employer’s obligations to maintain a safe workplace (which includes good air quality and the absence of excessive heat) is not excused during a disaster. Also, anticipate that the stress your employees are experiencing can transfer to floating anxiety and tension at the workplace.

Reporting to work during emergency

A relatively new law that went into effect last year allows an employee to refuse to report to work during an emergency situation. The law prohibits an employer from taking or threatening any adverse action against any employee for refusing to report to work when they have a reasonable belief it’s unsafe because of an emergency condition, which is defined to include an order to evacuate a worker’s home or child’s school as the result of a natural disaster.

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