The trend toward local regulation of employment laws continues in California with three new local wage and hour enactments.

San Diego

On June 7, 2016, San Diego voters passed a ballot initiative containing two provisions for hourly workers. First, San Diego’s new minimum wage will be $10.50 per hour once the ballot results are confirmed, which is expected to be in mid-July.  Second, San Diego will have its own paid sick leave policy of five days (40 hours) – which is in excess of the state law that allows employers to limit use of accrued paid sick leave to three days (24 hours).

Like the state law, San Diego’s paid sick leave will accrue at one hour for every 30 hours worked and cannot be used until after 90 days of employment. Also like the state law, San Diego’s sick leave initiative allows accrued leave to be front loaded or accrued, and it must be carried over year to year.

Continue Reading Three California Municipalities Enact New Minimum Wage and Paid Sick Leave Laws

New York City just finished off a strong year on the employment law front.  The City Council passed laws that banned the box and all but eliminated credit checks.  It also passed a law requiring employers to offer their employees pre-tax transit benefits and instituted a paired testing discrimination investigation program.  The Department of Consumer Affairs continued to provide guidance on the paid sick leave law, while the Commission on Human Rights welcomed a new commissioner and implemented new initiatives designed to enhance the Commission’s enforcement efforts.  It also released enforcement guidance on the ban the box and credit check laws.  We cover the flurry of year-end activity in this three-part series.  In our first installment, we looked at the Commission’s enforcement guidance on gender identity and expression.  In our second installment, we covered the ban on caregiver status discrimination.  In our final installment, we cover the City’s creation of an Office of Labor Standards and expected changes to the paid sick leave act rules. 

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New York City has established an Office of Labor Standards that will enforce the City’s paid sick leave and transit benefits laws, and create and promote programs on worker education, safety and protection.  The Council Speaker said the new Office would help workers better understand their rights and assist employers in complying with the law.  The move comes as New York City prepares to amend its rules clarifying, and establishing requirements to implement, the paid sick leave law.

Continue Reading New York City Establishes Office of Labor Standards; Will Enforce Paid Sick Leave Law (NYC Finale Part 3)

Massachusetts employers need to take heed that the safe harbor provision in the Earned Sick Time law ends on December 31, 2015.  By the start of the New Year, Massachusetts employers will need to strictly comply with the Sick Time Law or it will not be a very happy New Year.

Continue Reading One Particular (Safe) Harbor: Safe Harbor for Massachusetts Earned Sick Time Law Ends on December 31, 2015.

The New York Times reported yesterday that it received a draft executive order marked “pre-decisional and deliberative,” which contemplates granting a minimum of 56 hours of paid sick leave per year to employees of federal contractors and subcontractors.  The impact of such an order, were it to become legally binding, would be significant, affecting hundreds of thousands of workers across the U.S.

Continue Reading More Paid Sick Leave on the Horizon? Draft Executive Order Calls for Paid Sick Leave for Federal Contractors and Subcontractors.

The California paid sick leave law provided a significant boon to employees not included under employers’ sick leave or paid time off policies, but it often created more questions than answers for companies. How do we calculate one hour of paid sick leave for salaried employees? How should we record accrued sick leave on wage statements if we offer unlimited paid time off to everyone? What does the word “year” mean for a law that references “calendar year” but started on July 1st? If we provide PTO to everyone does this law affect us at all?

The law came without any interpretive regulations, and employers have had to monitor the State’s Frequently Asked Questions website for the closest thing to sanctioned guidance.

Fortunately, employers just received clarity on some of the most common questions via amendments signed into law by Governor Brown on July 13, 2015. The Legislature amended the Act in several respects. Continue Reading California Sick Leave Amendments Offer (Some) Needed Clarity for Employers

On June 19th, the Massachusetts Attorney General’s Office (AGO) issued final regulations for the Massachusetts Earned Sick Time Law, which goes into effect next week on July 1, 2015.   The final regulations, available here, differ in material ways from the proposed regulations and address a number of compliance issues that employers have raised in public hearings and by public comment.  A brief summary of some key differences in the final regulations are addressed below.

Continue Reading Attorney General’s Office Issues Final Regulations on Massachusetts Sick Time Law

The Massachusetts Attorney General’s Office has issued proposed regulations to the Massachusetts Earned Sick Leave Law, which was approved by voters in November 2014 and goes into effect on July 1, 2015 – less than two months from now.   The proposed regulations, available here, address a number of key issues regarding when and how employees will accrue and may use sick leave under the law.  We briefly summarize them below.

Continue Reading Massachusetts Attorney General’s Office Issues Much-Anticipated Proposed Regulations on Massachusetts Sick Time Law

Recently, Mintz Levin held a seminar in New York City that we designed to address some of the major challenges employers are facing in the New Year.  Our program contained segments on New York City’s paid sick leave law, effective management of HR Issues, the Affordable Care Act, employment practices liability insurance coverage, and workplace privacy.  Over the next few weeks we will be posting a series of entries following up on the critical workplace issues raised during these segments.

First up: New York City’s Paid Sick Leave Law

For this segment, we were fortunate enough to be joined by Julie Menin, the Commissioner of the NYC Department of Consumer Affairs, Marla Tepper, the Department’s General Counsel, and Jill Maxwell, an Agency Attorney in the Department’s Paid Sick Leave Division.  Ms. Menin presented on the Department’s enforcement efforts, while Ms. Tepper and Ms. Maxwell later answered attendee questions.  Here is a brief summary of our takeaways from their informative presentation.

Continue Reading Workplace Challenges in 2015, Part 1 of 5: New York City Paid Sick Leave Law Update