Under California employment law, employers are given the responsibility to ensure worker safety, especially during natural disasters, like wildfires. Those who have been affected by the harmful smoke or evacuation orders may face challenges pertaining to wage and hour issues due to their inability to work.

It is important for employees to understand their rights and what options they have available during such difficult times. For those who have been impacted by the Eaton wildfires, you can reach out to West Coast Employment Lawyers for legal assistance. We are readily available to take on such matters, and will work diligently to make sure you get maximum compensation for any losses you incurred.

To schedule a FREE case evaluation, you can connect with us by calling 213-927-3700 or filling out our quick online contact form.

The Dangers of Wildfire Smoke

Wildfire smoke is a serious public health concern. It can release harmful chemicals and fine particulate matter (PM) that can lead to short- or long-term health issues. Being exposed to such air quality can cause:

• Respiratory tract irritation
• Aggravated pre-existing conditions
• Lung disease
• Premature death

PM is the main pollutant of concern from wildfire smoke. It is very small, specifically 2.5 micrometers or less, and has the ability to travel deep into your lungs and directly into the bloodstream.

Multiple studies have been made to learn how wildfires can affect your health. One study revealed that exposure to wildfire smoke caused a 70 percent increase in out-of-hospital cardiac arrests, particularly affecting low socioeconomic groups. 

Another one, published in the journal Science Advances, found that over thousands of people die each year in California due to health issues caused by wildfire smoke. The research indicates that inhaling fine particulate matter from wildland fires resulted in 52,500 to 55,700 deaths within 11 years between 2008 to 2018. This ultimately led to an economic impact of $432 billion to $456 billion. 

As wildfires become increasingly common across Los Angeles County, many communities will face air quality issues both near and far from where the fires originated. It is important for residents to be prepared by monitoring fire conditions, using air purifiers, and wearing N95 masks to reduce exposure to such dangerous pollutants.

What to Do if You Lost Your Job to a Wildfire?

Losing your job due to a wildfire can be stressful and overwhelming. But there are steps you can take to attain stability:

• Keep records of the damages you incurred that relate to your job loss
• Check for Unemployment Insurance (UI) eligibility
• Get help from disaster service workers to guide you to the appropriate sources for financial assistance, like applying for Disaster Unemployment Assistance (DUA)
• Contact your employer and ask questions pertaining to possible reopening times or alternative work arrangements
• If your current job is not viable, you can search for other temporary positions
• Look into local and federal resources for food, housing support, and financial relief
• Seek legal assistance from an employment lawyer if you need help navigating claims or disputes with your employer

Can You Get Financial Aid for Losing Your Job to a Wildfire?

If you have lost your job or cannot work due to the wildfire, the Employment Development Department (EDD) has some programs available to support you:

• UI: Provides partial wage replacement to workers who are no longer employed or had hours reduced due to circumstances beyond their control.
• DUA: Helps people who are unemployed because of a federally-declared disaster. It is given to individuals who do not qualify for regular unemployment benefits.

Typically, people applying for unemployment benefits will have to wait one week before they start receiving payments. But, if California’s governor declares an Emergency Proclamation, this waiting period could be waived. This means that eligible individuals can get unemployment benefits immediately, starting from the first week they are not working due to a disaster, like a wildfire.

Employment Laws That Protect Workers During a Wildfire

California employment laws have been established to protect workers against unfair treatment, even during wildfires. Let’s take a look at each one.

• California Occupational Safety and Health Act (CAL/OSHA): Requires California employers to maintain habitable working conditions. This means that they must identify harmful exposures, inform employees about wildfire smoke, provide training sessions pertaining to such hazards, reduce inhalation to poor air quality, and offer NIOSH-approved particulate respirators.
• California Labor Code 6311: Protects employees from retaliation when they do not perform work-related duties that go against safety regulations or pose a threat to their health.
• Workers’ Compensation: Helps employees who get injured or ill while working in or near a wildfire.
• Family and Medical Leave Act (FMLA)/California Family Rights Act (CFRA): Affected employees can receive job protected leave under the Family Medical Leave Act or the California Family Rights Act if eligible. Both of them give you up to 12 weeks of unpaid absence to take care of a serious health condition or an ill family member. FMLA (federal law) applies to employers with 50 or more employees within a 75-mile radius whereas CFRA (state law) is effective with employers who have five or more employees.
• Paid Sick Leave Law: In California, the paid sick leave law does not necessarily cover wildfires. But, employees who have accrued hours can use it if they are not able to work after developing health issues from inhaling wildfire smoke.

Is it Illegal for Your Boss to Force You to Work During a Natural Disaster?

Under CLC 6311, your boss cannot force you to work under conditions that violate safety standards or creates a real and apparent hazard for you.

The regulation specifically states that you cannot be laid off or discharged for refusing to commit to work-related duties that go against certain orders, especially if the task is dangerous to fulfill. This includes conditions that can pose serious health risks, like wildfires.

This law ensures that you cannot be penalized for refusing to engage in dangerous working conditions. If your boss wrongfully terminates you or reduces your pay because of this particular situation, you may be given the right to sue for lost wages.

What to Do if You Were Injured at Work Because of a Wildfire?

If you were injured while on the clock because of a wildfire, even on a non-regularly scheduled workday, be sure to notify your employer about this incident as soon as you can by sharing a detailed description of how and when it occurred to file a workers’ compensation claim.

Workers’ compensation will cover injuries or illness you sustained on the job during a wildfire. Available benefits include the following:

• Medical expenses
• First aid treatment
• Temporary disability
• Permanent disability
• Supplemental job displacement benefit
• Return-to-work supplement program
• Death benefits

What Qualifies as Hazard Pay?

Hazard pay is additional compensation given to employees who perform hazardous duties or work in an environment that involves physical hardship. Such conditions can result in extreme discomfort and distress, which cannot be significantly alleviated by protective devices.

This is commonly used in industries that require employees to work in dangerous situations. The Fair Labor Standards Act (FLSA) does not address hazard pay, except to have it as part of a federal employee’s regular rate of pay when calculating overtime.

What Are Exempt Employees and Non Exempt Employees Entitled to?

If a business shuts down due to a wildfire, exempt employees are still entitled to a full salary for weeks in which they fulfill work-related duties. This means that they can still get paid even if they cannot be physically in the workplace because of evacuation orders.

Non-exempt employees, however, are only paid for the actual hours worked. If they are scheduled to clock in but the business is closed because of a wildfire, California’s reporting time pay law will not apply as this would be considered as an unforeseeable event that is beyond the employer’s control.

Eligibility for paid time off (PTO) will also differ between both types of employees. To learn how you can use this benefit, you can review your company’s policy or employment agreement. You could also reach out to your Human Resources (HR) department for further assistance.

What to Do if You Were Unlawfully Terminated After a Wildfire?

If you believe you were unlawfully terminated after a wildfire, you should consider doing the following steps:

• Look into your employment contract for any clauses pertaining to termination, specifically in cases of emergencies or natural disasters
• Document the situation by gathering the following information: the reason behind your termination, performance evaluations, and any form of communication made between you and your employer leading up to the decision
• Speak to colleagues who had a similar experience to help strengthen your case
• File a complaint with the California Labor Commissioner’s office if you were retaliated against for reporting safety violations or exercising your protected rights
• Report an issue to Cal/OSHA if you were fired for refusing to work in hazardous conditions during a wildfire
• Consult with one of our wrongful termination lawyers to understand what would be the best steps to take to ensure you get satisfactory results

We encourage victims to act quickly for a few reasons. First and foremost, a delay could affect your eligibility to apply for unemployment benefits. Taking prompt action in the aftermath of a wrongful termination will allow you to complete crucial tasks in a timely manner, preventing you from missing out on receiving financial support.

It is also important to meet legal deadlines. Many laws have time limits to file a claim or lawsuit. Postponing your tasks could cause you to lose your right to secure compensation.

West Coast Trial Lawyers Is Here to Help

If you were injured or developed an illness during the Eaton wildfire due to your employer’s negligence, you may be given the right to sue. At West Coast Trial Lawyers, protecting workers exposed to unsafe conditions is one of our top priorities. Our team will investigate the situation and develop a strategic approach to ensure your employer is held accountable for their negligence. With our knowledge and expertise, you can count on us to get you the justice you deserve.

To schedule a FREE consultation, you can reach out to us by calling 213-927-3700 or filling out our easy online contact form.