California Employers Prohibited from Taking Adverse Action Against Employees during “Emergency Conditions”
MSK Client Alert
October 17, 2022
As of January 1, 2023, Senate Bill 1044 prohibits California employers from taking or threatening adverse action against an employee for refusing to report to, or leaving, the workplace due to a “reasonable belief” that the workplace is unsafe due to an “emergency condition.”
Here’s what you need to know:
1. Emergency Condition. An emergency condition is defined to mean either:
- Conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act; or
- An order to evacuate a workplace, a worksite, a worker’s home, or the school or a worker’s child due to a natural disaster or a criminal act.