New Employer Obligations Related to California’s Avian Flu Emergency

On December 18, 2024, Governor Gavin Newsom declared a statewide emergency in response to the spread of avian influenza A (H5N1), commonly referred to as bird flu. This declaration highlights the virus’s growing impact, including its spread to dairy cows and the confirmed cases of human transmission since March 2024. While the proclamation focuses on containing the public health threat, it also triggers specific employer obligations under California’s updated labor laws.

What Employees Need to Know About Their Rights During the Avian Flu Emergency

The avian flu emergency declaration not only calls for heightened safety measures but also reinforces your right to a safe and informed workplace. California law, including Labor Code section 2810.5, ensures employees are provided with critical information about emergencies that may affect their health or safety on the job. Understanding your rights can help you protect yourself during this challenging time.

Your Right to Notification Under AB 636

If you are a nonexempt employee hired between December 18, 2024, and January 17, 2025, your employer must inform you if the avian flu emergency could affect your health or safety at work. This notification should be included in the “Notice to Employee” you receive upon hiring.

The notice must clearly outline:

• The existence of the avian flu emergency and its statewide impact.
• Any potential risks associated with your job duties, especially if they involve exposure to poultry, livestock, or other high-risk environments.

If you were hired during this period and did not receive this information, your employer may be in violation of the law.

What to Do If You Feel Unsafe at Work

During public health emergencies, employers have a legal obligation to provide a safe workplace. If you believe your job duties put you at risk of exposure to the avian flu without adequate protections, you have options:

1. Request Clarification: Ask your employer for details about the steps being taken to address potential health risks.
2. Report Unsafe Conditions: You can report workplace hazards to Cal/OSHA, the agency responsible for enforcing workplace safety standards in California.
3. Consult Legal Support: If your employer fails to address your concerns or retaliates against you for raising them, you may have grounds for legal action.

Your Right to Paid Sick Leave and Job Protections

California law guarantees paid sick leave and job protections for employees dealing with illness or caring for family members affected by health emergencies. Key rights include:

• Paid Sick Leave: All employees are entitled to paid time off for illness, including conditions related to the avian flu.
• Job-Protected Leave: Under the California Family Rights Act (CFRA), eligible workers may take up to 12 weeks of unpaid leave to recover from illness or care for a family member.
• Retaliation Protections: It is illegal for your employer to fire, demote, or retaliate against you for taking leave or reporting unsafe conditions.

What to Do If Your Employer Fails to Inform You

If your employer did not provide the required notice under Labor Code section 2810.5, or if you are being asked to work in unsafe conditions, you do not have to navigate the situation alone. The Nourmand Law Firm, APC, can help you:

• Assess whether your employer violated California labor laws.
• File complaints with regulatory agencies, such as Cal/OSHA.
• Pursue compensation or damages if your rights were violated.

Protecting Yourself During the Avian Flu Emergency

This public health crisis highlights the importance of clear communication and robust safety measures in the workplace. If you believe your employer has failed to comply with their obligations, do not wait to take action. Your health and safety are too important to ignore.

Contact the Nourmand Law Firm, APC, to speak with an experienced employment law attorney. We are here to help you understand your rights, hold your employer accountable, and ensure you are protected during this state of emergency. Call today for a consultation.