Los Angeles Fires: Employers Should Weigh Employee Needs With Current Laws

The recent wildfires in Los Angeles have significantly impacted businesses and their employees – employers should be aware of their responsibilities to support their workforce during this challenging time. Key considerations include:

Wildfire Smoke Regulations: Employers must monitor the Air Quality Index and protect workers from unhealthy air due to wildfire smoke.

• If the AQI exceeds 150, California employers must provide N-95 respirators to all workers and encourage their use.
• If AQI levels reach 500, respirator use becomes mandatory. Employers should adjust work practices and provide necessary training to ensure employee safety.

Flexible Operations:  Prepare for time-off requests and scheduling accommodations, as well as physical damage to the workplace.

Consider allowing your employees to take the day off, work remotely, or adjust schedules if they are under evacuation orders or warnings. We recommend the same accommodations if employees must help immediate family members evacuate or prepare to evacuate.

• In general, if a non-exempt employee is not working, they need not be paid; and non-exempt employees who work remotely must be paid for time worked.
• Employees exempt from overtime pay generally must be paid for a full week if the office is closed for part of that week.
• Consider reporting time pay – employers who send workers home at the employers’ discretion, generally must compensate employees for the full shift.
• Consider whether expense reimbursement is required when employees work from home. If the workplace is open, but the employee chooses to work from home, arguably no reimbursement is owed. But if the workplace is closed (e.g., due to evacuation order, loss of power, etc.), expense reimbursement may be owed.

Enact protocols or implement a messaging system for alerting employees when you must close your physical workspace because of evacuation orders.

As we all know, the legal landscape continually evolves in California, particularly in times of crisis. We may see multiple changes to wage and hour, leave of absence, and employee health requirements to address employee needs as they pertain to the Los Angeles wildfires. Consult one of our employment defense attorneys should you have any questions about wage and hour and time-off requests related to the fires.

The Employment Practice Group at Lewitt Hackman defends employers in wage and hour, leaves of absence, and other employment claims.

This information provides an overview of a specific developing situation. It is not intended to be, and should not be construed as, legal advice for any particular fact or situation.