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Hey Compliance Warriors!

Have you been keeping up with California leave laws? I know it’s a lot. Here is a good update! Read on…


Via: https://www.gtlaw

‘Regular’ Sick Leave Laws and Ordinances

    1. State of California (AB 1522) – text of the lawguidance and FAQs from the Labor Commissioner
    2. City of Berkeley – guidance from the City’s Housing and Community Services Department (including text of the ordinance and FAQs)
    3. City of Emeryville – guidance from the City’s Community Development Department (including text of the ordinance, Regulations, and FAQs)
    4. City of Los Angeles – guidance from the City’s Office of Wage Standards (including text of the ordinance, Rules and Regulations, and FAQs)
    5. City of Oakland – guidance from the City’s Contract & Compliance Unit (including text of the ordinance and FAQs)
    6. City of San Diego – guidance from the City Treasurer’s Minimum Wage Program (including text of the ordinance and FAQs)
    7. City and County of San Francisco – guidance from the City’s Office of Labor Standards Enforcement (including text of the ordinance, Rules, and FAQs)
    8. City of Santa Monica – guidance from the City’s website (including text of the ordinance and FAQs)

-19 Supplemental Sick Leave Laws and Ordinances

    1. State of California (AB 1867) – text of the law (which supersedes the executive order applicable to food sector workers) and FAQs from the Labor Commissioner; you can also check out GT’s Fast Facts regarding this law: Fast Facts – California’s Statewide COVID-19 Supplemental Sick Leave Law.
    2. City of Long Beach – text of the ordinance
    3. City of Los Angeles – guidance from the City’s Office of Wage Standards (including text of the ordinance and Rules and Regulations)
    4. Los Angeles County (unincorporated areas) – text of the ordinance
    5. City of Sacramento – text of the ordinance
    6. Sacramento County (unincorporated areas) – text of the ordinance
    7. City and County of San Francisco (City) – guidance from the City’s Office of Labor Standards Enforcement (including text of the ordinance and FAQs)
    8. City of San Jose – text of the ordinance
    9. San Mateo County (unincorporated areas) – text of the ordinance
    10. City of Santa Rosa – text of the ordinance
    11. Sonoma County (unincorporated areas) – text of ordinance

San Diego is not included on this list because at the time the San Diego City Council considered its own supplemental sick leave ordinance, there was a simultaneous application to prevent its adoption if a related law, Assembly Bill 1867, went into effect.1 We confirmed with the City Attorney’s office that in light of the passage of AB 1867, the City ordinance will not be brought back for a second reading, and therefore will not go into effect. AB 1867, summarized in “Fast Facts – California’s Statewide COVID-19 Supplemental Sick Leave Law,” provides supplemental sick leave to employees whose employers are not covered under the federal Families First Coronavirus Response Act. In other words, if the state of California had failed to fill the FFCRA gap, San Diego would have stepped in and done so. The passage of AB 1867, though, avoided this.

As to whether there’s more to come with supplemental COVID-related sick leave entitlements, California’s new law does not preempt existing or future local ordinances. As such, it remains to be seen whether or how other localities will respond. If history is any guide, we know that passage of AB 1522 in July 2015 certainly did not stop localities from implementing local sick leave ordinances with richer leave entitlements, despite the fact that AB 1522 provided most employees in California (with some exceptions) with at least 3 days (or 24 hours) of paid sick leave every year. With the passage of the state law, the gap in coverage for employees of large employers that had previously been filled by the localities above has now been filled. It’s still possible that localities may improve upon the state leave entitlement in some way – e.g., provide more than 80 hours, allow employees to use paid leave for more reasons than the state law provides, or require payment of supplemental sick leave at a higher rate of pay.

Be Audit-Secure!

Lisa


About LISA SMITH, SPHR

Lisa Smith is CEO of Andere Corporation and Chief Content Developer at HelpDeskSuites.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more in her Compliance Warriors Facebook Group.

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