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Labor & Employment Update – Employers: Don’t Get Burned, Take a Deep Breath Before Disciplining Employees

By Elissa L. Gysi and Jose Pomposo Barajas

 On January 7, 2025, Governor Newsom declared a State of Emergency in response to the ongoing Southern California wind and fire emergencies in Los Angeles and Ventura counties.  This triggered certain emergency-related legal protections for employees, and imposed obligations on employers.  Employers should be particularly careful when making decisions to terminate or otherwise discipline employees while any State of Emergency remains in effect. 

Workers’ Rights in Emergencies Act

Under California Labor Code §1139, employees impacted by natural disasters are protected from being penalized by their employer for refusing to report to work and for leaving their jobsite early if they believe their jobsite is unsafe during the emergency.  Employers also cannot prohibit employees from using their phones while the disaster declaration remains in effect.  

Click here to read the full Labor & Employment Update.

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