California's Declaration of a Bird Flu State of Emergency Requires Employee Notice for Certain Employers

Understanding California’s State of Emergency Notice Requirements

On December 18, 2024, California Governor Gavin Newsom issued a statewide emergency proclamation in response to the spread of avian influenza A (H5N1), commonly referred to as the “bird flu.”

According to the proclamation, the virus is no longer confined to birds and has begun affecting dairy cows, with a concerning 34 human cases reported since March 2024. This declaration of emergency introduces critical compliance requirements for certain California employers under recent legislative updates.

New Employee Notification Obligations Under AB 636

In 2023, the California legislature enacted AB 636, which added specific notice requirements for employers in response to federal or state emergency or disaster declarations. Effective January 1, 2024, employers became obligated to add information about such declarations to new hires under Labor Code section 2810.5, commonly known as the “Notice to Employee.” This notice must inform employees of the existence of any emergency or disaster declarations impacting the county or counties where they are employed.

When Are Employers Required to Provide the Notice?

Employers are only required to provide this information if two specific conditions are met:

1.     The emergency or disaster declaration was issued within 30 days prior to the employee’s first day of work.

2.     The declared emergency or disaster could affect the health and safety of the employee during their employment.

Given the statewide nature of the bird flu emergency proclamation, every county in California is impacted. However, this requirement applies only to new employees hired between December 18, 2024, and January 17, 2025. Further, the notification is necessary only if the nature of the employee’s job duties may expose them to health and safety risks related to the bird flu outbreak.

Special Considerations for Employers

We should note that the "Notice to Employee" requirement under Labor Code section 2810.5 applies exclusively to nonexempt employees. Typically, this notice must be provided upon hire and whenever any information on the form changes—unless the change is reflected in another written communication within seven days of the change being made.

However, for emergency or disaster-related notifications, the requirement is limited to new hires. Employers are not required to update the form for existing employees, even if an emergency is declared that may impact their health and safety.

Employers should remain vigilant about emergency declarations in areas where they operate and seek legal counsel to determine if such declarations could affect the health and safety of their employees. Compliance with AB 636 is essential to avoid potential penalties and ensure employee safety in times of crisis.

If you have questions relating to this topic or would like to talk about how Produce Trust can help your company, contact Richard Arias at richard.arias@apdbla.com.

The content for this article was provided by Ballard Rosenberg Golper & Savitt, LLP. https://brgslaw.com