Employers Guide to California s New Paid Sick Leave Law

Similar documents
New California Legislation Mandates Paid Sick Days for Employees.

CALIFORNIA S PAID SICK LEAVE LAW NO GET WELL CARD FOR EMPLOYERS

California Paid Sick Leave: Frequently Asked Questions

Paid Sick Leave Policy Template. Eligible Employees. Sick Pay Amount. Option 1: Accrual Rate. Option 1.1: Cap on Accrual

California State and City Paid Sick Leave Laws Updated June 2016

CALIFORNIA S NEW PAID SICK LEAVE LAW- OPTIONS, RISKS AND COSTS. Presented by Matthew Bartosiak Sr. Consultant Employers Group

Paid Sick Leave Who Gets What, Why & When?

FREQUENTLY ASKED QUESTIONS REGARDING THE SAN FRANCISCO PAID SICK LEAVE ORDINANCE AND CALIFORNIA S NEW PAID SICK LEAVE LAW

California Employment Law Update 2016

COMMENTARY California Labor and Employment Legislative Update. Minimum Wage Increase (AB 10) Sick Leave Required for Most Employees (AB 1522)

Seattle Employers: Get Ready for Paid Sick and Safe Leave

Overview of Paid Sick Time Laws in the United States

Seattle Paid Sick Time and Paid Safe Time Ordinance Adopted

Navigating the Maze of Paid Sick Leaves

OFFICE OF THE CITY ATTORNEY CITY OF OAKLAND

REVISED AS OF: January 1, 2001; July 1, 2001; July 1, 2007; April 14, 2010

What Sets California Apart From Other States?

ORDINANCE NO. WHEREAS, the current Federal minimum wage rate is $7.25 per hour, and the California minimum wage is $9.

Recover Your. Unpaid Wages. Commissioner s Office

MAY 2015 REPORT 1 Jennifer Paul, J.D. Salem Human Resources Management Association, Advocacy Director

City of Philadelphia

2015 California Employment Laws An Executive Level Summary on What to Do Right Now

California Wage and Hour Record Keeping Requirements

Fact sheet. New York State Department of Labor Wage Theft prevention act. What is New?

State/City Specific Statutory Earned Sick Time Provision Policy for Store, Regional Office and DC Field Hourly Team Members

DENVER PAID SICK AND SAFE TIME ORDINANCE Whereas:

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 1 HOUSE BILL 741. Short Title: Shift Workers' Bill of Rights. (Public)

OFFICE OF THE CITY ATTORNEY CITY OF OAKLAND

a modified work schedule; changes in start and/or end times for work; part-time employment; job sharing arrangements; working from home;

GUIDE TO SAN FRANCISCO EMPLOYMENT LAWS

CITY OF LOS ANGELES RULES AND REGULATIONS IMPLEMENTING THE MINIMUM WAGE ORDINANCE EFFECTIVE JULY 1, 2016

How New York City Employers Can Avoid Trouble under Mayor de Blasio s New Employment Laws

Wage Theft Prevention Act Frequently Asked Questions (FAQ)

history on an employment application, and four states Hawaii, Massachusetts, Minnesota, and Rhode Island also ban such inquiries.

CALIFORNIA INSTITUTE OF TECHNOLOGY STAFF PERSONNEL MEMORANDA

OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Attorneys at Law

Wage Theft Prevention Act Frequently Asked Questions (FAQ)

Anticipated Changes to the White Collar Overtime Exemption Under the FLSA: What Employers Need to Know

CALIFORNIA EMPLOYERS SHOULD PREPARE FOR NEW 2015 LAWS

Guide to San Francisco Employment Laws

California Labor and Employment Legislation

General Information and Instructions Civil Rights Division Questionnaire and Complaint

MEBA Vacation Plan Summary Plan Description

New York Leave Laws. Presented by

EMPLOYMENT LAW UPDATE

Example: Instead of requiring applicants be able to lift 20 pounds, say that applicants must be able to lift infants and toddlers for diaper changes.

ORDINANCE NUMBER O- (NEW SERIES) DATE OF FINAL PASSAGE

SIERRA SANDS UNIFIED SCHOOL DISTRICT. Board of Education Special Meeting. JULY 20, 2015 District Office 113 W. Felspar Ave.

Some Labor and Employment Developments Affecting the Restaurant Industry

KNOW YOUR RIGHTS GUIDE MAY 2013

Stacey E. James. Focus Areas. Overview

Paid Time Off (PTO) Program for Non-Exempt U.S. Employees

Overtime Pay. 1. Am I entitled to overtime pay? 2. How do I calculate my overtime pay? YOUR LEGAL RIGHTS

Annual Legal Update for California Independent Schools

Reducing Labor Costs by Relocating Operations from California to Nevada. A Howard & Howard White Paper. By James A. Kohl, Esq.

2015 Legislative Developments

Complying with the Illinois Day and Temporary Labor Services Act. Presented by Kyle A. Petersen and Jeremy W. Stewart

The Commonwealth of Massachusetts

BP short-term disability (STD) plan

California s s New Wage Notice & Commission Agreement Requirements

California s New Worker Protections Against Retaliation OCTOBER 2013

WHISTLEBLOWING AND CONDUCTING INVESTIGATIONS. Eileen P. Kennedy Berliner Cohen

City of Los Angeles Minimum Wage Frequently Asked Questions 11/2/15

September The bill itself can be viewed at:

Know your rights. under Minnesota laws prohibiting age discrimination It is unlawful for an employer to: refuse to hire or employ

Defined Benefit Retirement Plan. Summary Plan Description

New York s New Wage Theft Law: What It Means, and What To Do Now

TOWN of BROOKLINE Massachusetts. HUMAN RESOURCES OFFICE 333 Washington Street Brookline, MA (617)

SENIOR MANAGEMENT PERSONNEL POLICY

Domestic Violence/Sexual Assault/Stalking Leave

Employment Law Update

WELCOME TO THE FAIR LABOR STANDARDS ACT. Randall D. Van Vleck General Counsel New Mexico Municipal League Santa Fe, New Mexico

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT

The Family Medical Leave Act (FMLA)

Case 2:11-cv SFC-RSW Document 33 Filed 06/29/11 Page 1 of 19 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Case 2:10-cv JCM-LRL Document 1 Filed 07/22/10 Page 1 of 8

Employment Law Update

New Developments for California Employees Paid on a Commission Basis:

Contents. Earned Sick Time AIM Webinar FAQs

Overview of Arkansas Employment Laws

The Nordic Alcohol Monopolies Code of Conduct Preamble

LABOR & EMPLOYMENT LAW SUMMER INSTITUTE

Substitute Senate Bill No Public Act No AN ACT CONCERNING EMPLOYEE ONLINE PRIVACY.

Circular Letter January 14, 2014

Leave from Work to Care for A Family Member

Wage & Hour. Frequently Asked Questions

THE GEORGIA NON-PROFIT AND LAWS PREVENTING DISCRIMINATION IN EMPLOYMENT

2014 Fredrikson & Byron, P.A. Legal Update 2015

Wage and Hour Issues for 2016 January 20, 2016

ADVISORY 98/1. An Advisory from the Attorney General s Fair Labor Division on An Act Providing Employees Leave for Certain Family Obligations

GUIDANCE ON SEXUAL HARASSMENT FOR ALL EMPLOYERS IN NEW YORK STATE

Compensatory Leave and Overtime.

Federal Agencies Delay Nondiscrimination Requirements for Insured Group Health Plans under the Affordable Care Act

Personnel Rule Domestic Violence, Sexual Assault, and Stalking Leave. SMC and subsequent revisions thereto, Administration.

XX... 2 TEXAS WORKFORCE COMMISSION... 2 CHAPTER 821. TEXAS PAYDAY RULES... 3

Journal of the Senate

SUBJECT: Military Leave NUMBER: DIVISION: Chief Human Resources Office EFFECTIVE DATE: 2/20/2015

New Tax Rates and Wage Base Limitations Announced for 2015

Source: Miss. Code Ann ; Miss. Code Ann (1); Effective date February 20, 2003

New Housing Rights for Victims of Domestic Violence, Rape, Sexual Assault and Stalking

Transcription:

Employers Guide to California s New Paid Presented by: Moderated by: Charles L. Thompson, IV (San Francisco) Christopher W. Olmsted (San Diego) Sarah R. Nichols (San Francisco) Anne E. Forkner (Atlanta). ogletreedeakins.com Speakers Charles L. Thompson, IV San Francisco charles.thompson@ogletreedeakins.com Christopher W. Olmsted San Diego chris.olmsted@ogletreedeakins.com Sarah R. Nichols San Francisco sarah.nichols@ogletreedeakins.com 2 Agenda National status of paid sick leave Basic obligations of California s Healthy Workplaces, Healthy Families Act of 2014 Penalties/enforcement Compliance issues Email questions at any time! 3 1

Paid Sick Leave Sweeping the Nation! Connecticut! Jersey City! New York City! Newark! Portland! Seattle! D.C.!!! 4 Still Sweeping the Nation! On ballot in Trenton! Federal law has been introduced in each session of Congress since 2004!!! 5 Healthy Workplaces, Healthy Families Act of 2014 Governor Brown signed the HWHFA in September 2014 Takes effect on July 1, 2015 Although publicized as paid sick leave, also applies to leave for domestic violence, sexual assault, and stalking 6 2

Law s Purpose To provide lower paid employees with paid sick leave Aim of the law is the smaller, less sophisticated employer Examples: restaurants, nonunion janitors Larger employers already provide the leave the law requires 7 Which Employers Must Provide the Leave? Employer = any person employing another under any appointment or contract of hire No exclusion for small employers 8 Which Employees Are Entitled to Leave? Applies to employees who after July 1, 2015: work in CA; 30 days or more; within a year from commencement of employment. 9 3

Does the Law Exempt Anyone? Some employees covered by CBAs Construction industry + CBA In-home supportive service providers Flight deck or cabin crew members 10 For What Reasons Can An Employee Take Paid Sick Leave? Employee s own qualifying need Family member s qualifying need for diagnosis, care, or treatment of an existing health condition; or preventive care. 11 Reasons an Employee Can Take Paid Leave? Not limited to sick leave Employee also can use leave if the employee is a victim of domestic violence, sexual assault, or stalking. 12 4

Who Is a Family Member? Child (regardless of age or dependent status) Parent Spouse/registered domestic partner Grandparents/grandchild Sibling 13 When Can Employees Start Taking Paid Leave? Employers may require that employees wait until the 90 th day of employment to start using paid sick leave. 14 Accrual Method Under the law, employees accrue one hour of sick time for every 30 hours worked (including overtime hours). 15 5

Accruals for Exempt Employees Accrual is based on a 40-hour week. If normal workweek is less than 40 hours, accrual based upon that employee s normal workweek. Does not matter if employee works more than 40 hours a week 16 Cap on Usage Employers can cap use (but not accrual) of paid sick leave at 24 hours (or three days) in each year of employment. 17 Carry Over Required Employees can carry over all accrued paid sick days to the following year of employment (up to six-day cap). Employer still can limit use to 24 hours a year. 18 6

Cap on Accrual Employer may limit or cap accrual to a maximum bank of 48 hours or six days of paid sick time. 19 Upon Termination Not required to pay out accrued leave unless employer has a PTO policy that allows PTO to be used for sick leave. 20 Retaliation Prohibited Employers cannot: Deny an employee the right to use accrued sick time. Require an employee to find a replacement for his or her time off. Discriminate/retaliate against an employee for exercising his or her rights under the Act. 21 7

Rebuttable Presumption Rebuttable presumption of unlawful retaliation if negative action taken within 30 days of: Filing a complaint with Labor Commissioner Cooperating with an investigation Opposing a policy, practice, or act prohibited by the Act 22 Record Keeping Employers must keep records of hours worked, sick leave accrued, and sick leave used for a period of three years. 23 Wage Statements, Notices, & Posting Wage statements must show the hours of sick leave available. Wage Theft Prevention Act notice must include sick leave rights. Labor Commissioner will create a poster for employers to post. 24 8

Enforcement Employee must go through DLSE No private right of action (so far) DLSE/AG can go to court for the employee (and get attorneys fees) 25 Remedies Reinstatement Back pay 26 Administrative Penalties for Unlawful Withholding Three times the dollar amount of paid sick time withheld from the employee or $250 (whichever is greater) Not to exceed $4,000 27 9

Penalties for Other Harm to Employee An administrative penalty of $50 per day for each day Not to exceed $4,000 28 Improper Recordkeeping If an employer fails to maintain adequate records, the employee will be entitled to the maximum number of hours accruable, unless the employer can show otherwise by clear and convincing evidence. 29 Penalties for Lack of Prompt Compliance Penalty of $50 per day paid to the state for each day, or portion thereof, for which a violation occurs or continues for each employee whose rights were violated. No cap on $50 per person, per day sum 30 10

Compliance Issues 31 Do I Have to Give Employees Even MORE Paid Leave? 32 PTO Policies Employers are NOT required to provide additional paid sick days if PTO policy makes available: same amount of leave that may be used for same purposes and under same conditions as the law requires. 33 11

How Can I Avoid Tracking Accrual? 34 Lump Sum Method An employer may avoid calculating accrual and carryover by frontloading the full amount of leave that could be used at the beginning of each year, i.e., 24 hours or three days. 35 Can I Require Employees to Give Me Medical Documentation? 36 12

Do I Still Have to Comply with CA City Paid Sick Leave Ordinances? 37 Integration with Other Laws Act does not preempt local ordinances that provide greater rights. San Francisco Paid Sick Leave Ordinance Designated person Caps of up to 72 hours No cap on use San Diego Cap of 40 hours accrual/year 38 What Specific Language Should My PTO/Sick Leave Policy Include? 39 13

Policy Should Include May use sick leave for reasons explained in statute No retaliation for using sick leave 40 What If I Have an Unlimited Sick Leave/PTO Policy? 41 Is One National Policy Feasible? 42 14

Pre-July 1 Compliance Steps 1. Elect accrual or lump sum method. 2. Revise policies to include statutory reasons for leave and anti-retaliation 3. Educate managers 4. Make sure wage statements include sick leave 5. Distribute postings 43 Conclusion 44 45 15

Thank You Charles L. Thompson, IV Ogletree Deakins, Nash, Smoak & Stewart, P.C. One Market Plaza Suite 1300 San Francisco, CA 94105 Phone: (415) 442-4810 charles.thompson@ogletreedeakins.com Christopher W. Olmsted Ogletree, Deakins, Nash, Smoak & Stewart, P.C. 4370 La Jolla Village Drive Suite 990 San Diego, CA 92122 Phone: (858) 652-3100 chris.olmsted@ogletreedeakins.com Sarah R. Nichols Ogletree Deakins, Nash, Smoak & Stewart, P.C. One Market Plaza Suite 1300 San Francisco, CA 94105 Phone: (415) 442-4810 sarah.nichols@ogletreedeakins.com 46 Employers Guide to California s New Paid Presented by: Moderated by: Charles L. Thompson, IV (San Francisco) Christopher W. Olmsted (San Diego) Sarah R. Nichols (San Francisco) Anne E. Forkner (Atlanta). ogletreedeakins.com 16