Both the U.S. President and the California Governor have authority to issue emergency proclamations for areas affected by disasters or other emergencies federally and in California, respectively. And on December 18, 2024, California Governor Gavin Newsom issued a statewide emergency proclamation, related to the avian influenza A (H5N1), commonly known as the “bird flu.” As noted in the proclamation, the virus is not limited to birds as it has become prevalent in dairy cows — and even in humans with 34 known cases since March 2024. This recent statewide emergency proclamation means employers will have to remember and comply with recent legislative changes.
Enacted in 2023, AB 636 added new notice requirements pertaining to federal or California emergency or disaster declarations. Effective since January 1, 2024, employers must provide information to new hires through the Labor Code section 2810.5 Notice to Employee regarding the existence of a federal or California emergency or disaster declaration relating to the county or counties where the employee is employed.
This requirement is only triggered if the emergency or disaster declaration was issued within 30 days before the employee’s first day of employment and if the emergency or disaster may affect their health and safety during their employment. So, the recent bird flu emergency proclamation will affect every county within California because it is statewide, but it will only have to be identified for employees hired between December 18, 2024, and January 17, 2025, and only if the nature of the employee’s job duties may affect their health and safety because of the bird flu.
Lastly, as a reminder, the Notice to Employee is only provided to nonexempt employees. Ordinarily, you must provide this notice at hire and whenever any information on the form changes unless it is reflected on another writing within seven days of the change. However, for the purposes of emergency or disaster notifications, it is limited to only new hires. So, if another emergency is declared in the future that may impact the health and safety of existing employees, employers are not required to update this form.
For more information on federal disaster declarations, visit this Federal Emergency Management Agency website, and for more information on California emergency proclamations, visit this California Governor’s Office of Emergency Services website. If an emergency or disaster is declared in counties where you may employ workers, you are encouraged to seek legal counsel regarding whether the emergency or disaster may affect the health and safety of your new hires.
Matthew J. Roberts, Associate General Counsel, Labor and Employment
CalChamber members can read more about “Providing Wage Information Upon Hire” in New Employee Orientation in the HR Library. Not a member? Learn how to power your business with a CalChamber membership.
