Bill Text: CA SB1044 | 2021-2022 | Regular Session | Amended

California Senate Bill 1044 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Employers: emergency condition: retaliation.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2022-09-29 - Chaptered by Secretary of State. Chapter 829, Statutes of 2022. [SB1044 Detail]

Download: California-2021-SB1044-Amended.html

Amended IN Senate May 19, 2022

Amended IN Senate March 23, 2022

Amended IN Senate March 15, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 1044

Introduced by Senator Durazo
(Coauthors: Senators Gonzalez, Leyva, and Wiener)
(Coauthor: Assembly Member Stone)

February 15, 2022

An act to add Chapter 11 (commencing with Section 1139) to Part 3 of Division 2 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL'S DIGEST

SB 1044, as amended, Durazo. Employers: state of emergency or emergency condition: retaliation.

Existing law establishes within the Department of Industrial Relations the Division of Labor Standards Enforcement, under the direction of the Labor Commissioner. Existing law authorizes the division to enforce the Labor Code and all labor laws of the state the enforcement of which is not specifically vested in any other officer, board, or commission. Existing law prescribes comprehensive requirements relating to minimum wages, overtime compensation, and standards for working conditions for the protection of employees applicable to an employment relationship.

This bill would prohibit an employer, in the event of a state of emergency or an emergency condition, as defined, from taking or threatening adverse action against any employee for refusing to report to, or leaving, a workplace within the affected area because the employee feels ~~unsafe.~~ unsafe, except as specified. The bill would also prohibit an employer from preventing any ~~employee~~ employee, including employees of public entities, as specified, 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. The bill would require an employee to notify the employer of the state of emergency or emergency condition requiring the employee to leave or refuse to report to the workplace, as specified. The bill would clarify that these provisions are not intended to apply when an official state of emergency remains in place but emergency conditions that pose an imminent and ongoing risk of harm to the workplace, the worker, or the worker’s home have ceased.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Chapter 11 (commencing with Section 1139) is added to Part 3 of Division 2 of the Labor Code, to read:

CHAPTER 11. States of Emergency and Emergency Conditions

1139.

(a) As used in this ~~section, “state~~ chapter:

(1) “State of emergency” means the existence of any of the following that is declared after enactment of this section, is in the county where a worker lives or works, is not a health pandemic, and poses an imminent and ongoing risk of harm to the worker, the worker’s home, or the worker’s workplace:

~~(1)~~

(A) A Presidential declaration of a major disaster or emergency, caused by natural forces, in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.).

~~(2)~~

(B) Pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code, a declared state of emergency or local emergency due to conditions of disaster or extreme peril to the safety of persons or property within the affected area caused by natural forces.

~~(3)~~

(C) A federal, state, regional, or county alert of imminent threat to life or property due to a natural disaster or emergency.

~~(b)As used in this section, “emergency~~

(2) “Emergency condition” means the existence of either of the following:

~~(1)An event that poses serious danger to the structure of a workplace or to a worker’s immediate health and safety.~~
(A) Conditions of disaster or extreme peril to the safety of persons or property at the workplace caused by natural forces or a criminal act.
~~(2)~~

(B) An order to evacuate a workplace, a worker’s home, or the school of a worker’s ~~child.~~ child due to natural disaster or a criminal act.

(3) “Feels 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.
~~(c)~~

(b) In the event of a state of emergency or an emergency condition, an employer shall not do either of the following:

(1) Take or threaten adverse action against any employee for refusing to report to, or leaving, a workplace within the affected area because the employee feels unsafe. This paragraph does not apply to the following:

(A) A first responder, as defined in Section 8562 of the Government Code.
(B) A disaster service worker, as defined in Section 3101 of the Government Code.
(C) An employer required by law to render aid or remain on the premises in case of an emergency.
(D) An employee or contractor of a health care facility who provides direct patient care, provides services supporting patient care operations during the state of emergency, or is required by law or policy to participate in emergency response or evacuation.
(E) An employee of a private entity that contracts with the state or any city, county, or political subdivision of the state, including a special district, for purposes of providing emergency services.
(F) An employee working on a military base.
(G) An employee performing essential work on nuclear reactors or nuclear materials or waste.
(H) An employee of a company providing utility, communications, energy, or roadside assistance while the employee is actively engaged in or is being called upon to aid in emergency response.

(2) (A) Prevent 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.

(B) In addition to employees of private entities, this paragraph applies to any employee of the state or any city, county, or political subdivision of the state, including a special district.
~~(d)~~

(c) (1) When feasible, an employee shall notify the employer of the state of emergency or emergency condition requiring the employee to leave or refuse to report to the workplace prior to leaving or refusing to report.

(2) When prior notice described by paragraph (1) is not feasible, the employee shall notify the employer of the state of emergency or emergency condition that required the employee to leave or refuse to report to the workplace after leaving or refusing to ~~report.~~ report as soon as possible.

~~(e)~~

(d) This section is not intended to apply when an official state of emergency remains in place but emergency conditions that pose an imminent and ongoing risk of harm to the workplace, the worker, or the worker’s home have ceased.

(e) In any action by a current or former employee that could be brought pursuant to the Labor Code Private Attorneys General Act of 2004 (Part 13 (commencing with Section 2698)) for violations of this chapter, the employer shall have the right to cure alleged violations as set forth in Section 2699.3.