In the spirit of the season, we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this sixth day of the holidays, my labor and employment attorney gave to me: six geese-a-laying and SB 1044.
California, unfortunately, seems to see more than its fair share of emergency conditions. There are fires, earthquakes, mudslides, and active shooter situations, to name the most prevalent. Seemingly SB 1044 was enacted in response to these types of problems. As of January 1, 2023, SB 1044 prohibits an employer, in the event of an emergency condition, as defined, from taking or threatening adverse action against any employee for refusing to report to or leaving a workplace or worksite within the affected area because the employee has a reasonable belief that the workplace or worksite is unsafe, except as specified. SB 1044 will not apply once the emergency condition has ceased. In addition, SB 1044 also prevents any 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 verify their safety. This part of the law applies to private and public sector employees but does not apply to employees of a depository institution or a correctional facility or to agricultural equipment operators.
The bill includes numerous terms that could be deemed vague or ambiguous. Certain...
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