On September 29, 2022, California Governor Gavin Newsom signed Senate Bill (SB) 1044 into law. It prohibits an employer from taking adverse action against employees for refusing to show up or leaving a place of employment because an employee has a reasonable belief that the place of work is not safe due to an emergency condition.
This bill requires every employee to notify their employer of an emergency condition that, in the employee’s judgment, requires the employee to leave. The bill also clarifies that these provisions are not intended to apply when conditions that pose a risk of harm to the workplace, the workplace, the worker, or the worker’s home have ceased.
For SB 1044, an emergency condition is defined as any of the following:
- Conditions of catastrophe or extreme danger to the safety of people or property caused by natural forces or by a criminal act.
- An order to evacuate the worker’s workplace, construction site or home, or the worker’s child’s school, due to a natural disaster or criminal act.
House Bill 1044 also prohibits employers from preventing employees from accessing their phone or any other communication device to seek emergency help, assess the safety of the situation, or communicate with an person to confirm your safety.
Additionally, the reasonable belief that the workplace is unsafe given the circumstances known to the employee at the time must be taken into account if it is logical to conclude that there is a real danger of death or serious injury in the installations.