California employers will soon be prohibited from taking adverse action against employees who refuse to report to a workplace during an emergency condition, according to a bill Gov. Gavin Newsom signed into law on Sept. 29. While some of the bill's language was tightened up during the legislative process, the new law, which will take effect on Jan. 1, 2023, still contains some uncertainty and will raise compliance challenges and possible litigation risks for California employers. What do you need to know about SB 1044?
SB 1044 makes it unlawful for employers to take or threaten adverse action against an employee for refusing to report to or leave a workplace due to a reasonable belief that the workplace is unsafe due to an emergency condition. An emergency condition is defined as:
Notably, an emergency condition does not include a health pandemic, so SB 1044 will not apply to situations in which the employee says they feel unsafe, for example, due to COVID-19. A worker's belief is considered reasonable if a reasonable person would conclude there is a real danger of death or serious injury if that person enters or remains on the premises.
The existence of any health and safety regulations specific...
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