On September 29, 2022, Governor Newsom signed Senate Bill 1044 which grants new protections and rights to most California employees in the case of emergency conditions in the workplace.
Summary. The new law provides that, in the event of an emergency condition, an employer may not take or threaten any adverse action against an employee who refuses to report to, or leaves, a workplace or worksite because the employee has a reasonable belief that the workplace or worksite is unsafe. The law also prohibits an employer from preventing an employee from accessing the employee’s mobile device or other communications device for seeking emergency assistance, assessing the safety of the situation, or communicating with a person to confirm their safety.
“Emergency condition” is defined as the existence of either of the following:
The law makes clear that a health pandemic is not included in the definition of “emergency condition.”
“A reasonable belief that the workplace or worksite is unsafe” means that a reasonable person, under the circumstances known to the employee at the time, would conclude there is a real danger of death or serious injury if that person enters or remains on the premises....
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