CALIFORNIA DIVISION OF LABOR STANDARDS ENFORCEMENT ISSUES FAQ’s
As Los Angles and many other counties face the devastation resulting from the recent wildfires, the Labor Commissioner’s office (the DLSE) has published a Frequently Asked Questions website to provide guidance for employers in addressing employment related issues that may arise.
Employers should review the FAQs to understand the rights and obligations of employees and employers during this very difficult time for everyone affected by this disaster.
Some of the topics addressed include the following:
Special Rights: During emergency conditions, employees have certain rights, including that employers cannot require employees to report to, or prevent employees from leaving, a work area if they reasonably believe it is unsafe; and that employees have the right to use their cell phones at work to access emergency assistance, assess the safety of a situation, or to confirm others’ safety.
Use of Paid Sick Leave: Employees, even those who are not agricultural employees covered by SB 1105’s sick leave expansion regarding smoke conditions, may use paid sick leave if avoiding wildfire smoke constitutes “care” of an existing health condition or “preventative care” for the employee or a covered family member.
State Disability Insurance: Employees may be eligible for State Disability Insurance (SDI) income replacement benefits through the Employment Development Department (EDD), if the employee has a non-work-related illness or injury caused by the wildfires, such as stress, burn injuries, or smoke inhalation, or if a high air quality index or smoke exposure presents a health risk to the individual or their baby during pregnancy.
Paid Family Leave: Employees may also be eligible for Paid Family Leave (PFL) income replacement benefits through the EDD, if they are caring for a covered family member injured in the wildfires.
Working in Evacuation Locations: Employers cannot require employees to work in areas that are under mandatory evacuation orders.
Compensation During Work Interruptions: Employees are entitled to compensation during work interruptions caused by power outages and wildfires.
Protected Time Off: Time off for employees who are called to perform emergency duty as a volunteer firefighter, reserve peace officer, or emergency rescue personnel is protected under the law.
NEW HIRE OBLIGATIONS FOR WAGE THEFT PROTECTION ACT FORM DURING TIMES OF DECLARATION OF EMERGENCY
As has been the law for many years, California employers must provide the California Wage Theft Protection Act notice to new hires (Labor Code section 2810.5), The written notice provides specified information about the employees’ wages, designated paydays, and other relevant information.
A portion of the Wage Theft Protection Act Notice that is often missed is now an important aspect of the form which must be filled in with a check mark. The relevant language in the LC 2010.5 Form states:
“There is a state or federal emergency or disaster declaration applicable to the county or counties where the employee will work issued within 30 days before the employee’s first day of employment and that may affect their health and safety during employment. (State emergency or disaster declaration and how it may affect health or safety).”
On January 7, 2025, California Governor Newsom issued a Proclamation of State of Emergency regarding the wildfires impacting the counties of Los Angeles and Ventura. If new employees are hired within 30 days of the Governor’s January 7, 2025 Proclamation or within 30 days of any future declarations or proclamations of disasters or states of emergency employers hiring nonexempt employees to work in Los Angeles or Ventura counties must check off the box next to the above-quoted language.
EMPLOYERS MAY CREATE LEAVE BANK DONATION PROGRAM TO BENEFIT EMPLOYEES AFFECTED BY WILDFIRES & OTHER DISASTERS 
As employers seek to help their employees who have been affected by the recent wildfires, or any other disaster, employers can create a “leave bank” whereby other employees donate their paid time off or vacation (PTO) to those employees affected by the disaster. Leave bank programs must be documented in writing and contain certain provisions, such as restricting a donor employee from specifying the recipient of the payment, reasonable restrictions on the timing for the donation and use of the donated amounts, and provisions for returning any unused amounts to the original donors.
There may be certain tax advantages for those employees donating their leave time whereby the donating employee is not taxed on the value of the PTO/vacation that has been donated. If you wish to develop a leave bank program, check with your financial advisors on the tax implications.
This Newsletter is intended as a brief summary of employment law. While every effort has been made to ensure the accuracy of the information contained herein, it is not intended to serve as “legal advice,” or to establish an attorney-client relationship. If additional information is needed on any of the topics contained herein, please contact our office. All rights reserved. ©2025.