Employment Rights You Need to Know During California Wildfires
The recent fires in Los Angeles have left a trail of destruction, with much of the focus on the loss of homes and neighborhoods. But, behind the headlines are countless workers whose lives have been upended. Many have lost their jobs, some are taking time off to find new housing or care for their families, and others are facing the harsh reality of working in unsafe conditions.
If you're struggling to understand your rights during this difficult time, you are not alone. Below is an overview of the laws and resources available to workers affected by the fires.
Employers in California must take steps to protect outside workers from wildfire smoke
California employers are required to protect workers from wildfire smoke when the air is unhealthy- where the Air Quality Index (AQI) reaches 151 or higher. When the AQI reaches this level, employers must monitor the air quality, take steps to reduce employee exposure and provide respiratory protection equipment such as N95 masks.
To reduce employee exposure, employers can take a number of steps. For instance, they can:
- Provide enclosed air-filtered spaces,
- Temporarily change job duties of effected employees,
- Reduce work intensity or provide additional breaks, or
- Move the work location to a location with healthy air.
However, an employer must only take those steps that are feasible.
For AQI levels below 151, employers may still offer masks to employees or allow them to use their own. However, ensuring proper respiratory protection and understanding how to use disposable respirators, available in both English and Spanish, remain essential practices to safeguard employee health.
(Source: Department of Industrial Relations)
Resources for workers out of work because of the wildfires
- Employment Development Department (EDD): Many workers are being laid off as employers themselves struggle with the impact of the fires. An employee displaced from work because of the fires has the same rights as any other displaced worker.
- Paid Family Leave: Paid Family Leave (PFL) is available through the EDD for people who need to care for a seriously ill family member. For those with a family member injured or whose health is seriously affected by the wildfires, PFL may be available through the Employment Development Department, at new, higher rates than were previously available.
- PTO/Vacation Time: If any workers have PTO or vacation time on the books, it can generally be used to cover time missed as a result of the disaster.
- FEMA and other disaster relief agencies: If anyone needs help finding and filling out a FEMA forms, need locations of shelters or other disaster recovery centers, you can access that information through Disaster Assistance.gov. They are also able to check the status of a claim.
For emergency housing, both FEMA at https://www.disasterassistance.gov/ and Los Angeles Homeless Services Authority may be of assistance.
Employees have the right to refuse unsafe work
California workers may refuse work that is against workplace safety laws which they believe would create a “real and apparent hazard” to themselves or their coworkers. It is illegal for an employer to retaliate against a worker for refusing to work in unsafe conditions which includes conditions created by wildfires. If a person believes their workplace is unsafe, they may wish to contact Cal/OSHA.
(Source: California Labor Code sections 6310, 6311)
As the fires in Los Angeles continue to affect countless lives, displaced workers can know they are not alone. Understanding the laws and resources available can be a starting point in getting things back in order. Whether it's finding temporary housing, accessing financial assistance, or ensuring safe working conditions, help is within reach. Together, we can support each other in recovering and moving forward from this tragedy.