California fires have had a disastrous effect on natural structures and communities. In addition to the many homes that have been devastated, businesses have been destroyed as well, leaving many Californians without jobs. If you are one of the many residents of this state who have lost not only a home, but your livelihood, you may be wondering what the obligations of your employer are in terms of salary and leave during this fire disaster.
California Fires and Wage Laws
Under California law, when a natural disaster occurs, employers must pay reporting time pay as per the Wage Order. This means that as employees are scheduled to return to work and they show up ready to work, but are not able to be put to work, or are allowed less than half of their usual work hours, they must be paid half their usual wage. At a minimum, they must be paid for two hours of work at their normal rate of pay. So if, for example, an employee works one hour out of an eight-hour shift, payment for four hours is required. However, if the employee chooses to leave early, this requirement becomes null. If the employee leaves early due to illness, the company’s sick leave policy would then potentially come into play.
When employees are required to attend meetings on days in which they normally do not work, they may be entitled to anywhere from two to four hours of regular pay.
California Fires and Exceptions to Reporting Time Pay
There are certain circumstances under which employers are not expected to pay overtime pay:
- When persons or property are threatened and authorities determine that work may not begin or continue;
- When public utilities such as electricity, water, gas or sewer are inoperable;
- When the problem that caused the work disruption is an Act of God, such as an earthquake.
When Employers do Not Pay Reporting Time Pay as Required
Employees are protected by California law and must be paid under the circumstances described. When employers fail to meet their obligations, individuals may file a wage claim with the Labor Commissioner’s Office, or they may sue their employer to recover lost reporting time pay owed to them.
California Fires – What if Employers Retaliate?
Federal law prohibits discrimination or retaliation against employees for attempting to collect owed monies. If an individual experiences these types of issues, or is fired altogether, it is yet another reason to file a lawsuit against the errant employer.
California Fires – Legal Advocacy
At Beck Law P.C.,in Santa Rosa, we are all too familiar with the impacts of local fires. The devastation has been enormous, affecting our neighbors in terrible ways. If you work in Sonoma County, Mendocino County or Lake County California and your employer is failing to meet legal obligations to you amidst the turmoil of this natural disaster, you need a seasoned legal advocate. Contact us today for a confidential consultation. We will work to get the best possible outcomes for you.