California’s recently enacted paid sick leave law, the Healthy Workplace, Healthy Family Act of 2014 (hereinafter the “Act”), goes into effect on July 1, 2015. This Act provides that all employees who work in California for 30 or more days within a year are entitled to paid sick leave (PSL). Under the Act, paid sick leave accrues at the rate of 1 hour per every 30 hours worked, paid at the employee’s current rate of pay, and employees are entitled to up to 24 hours or 3 days of PSL per year.
Q: Who is Covered Under the Act?
A: The Act applies to all employees, including those who are seasonal, temporary, part-time, and full-time, except those who are covered by a valid collective bargaining agreement that expressly provides for paid sick leave, are in-home support services employees, or are airline flight deck or cabin crew.
Q: Are all employees who are covered by a valid collective bargaining agreement (CBA) exempt from PSL?
A: No. Only those employees who are covered by a CBA that expressly provides for paid sick days, premium wage rates for overtime hours worked, and a regular hourly rate of pay that is at least 30% more than the minimum wage are exempt from California’s PSL requirements.
Q: Are Employees of Out-of-State Employers Covered Under the Act?
A: The Act applies to “any person employing another.” This sweeping language of the Act, and the stated purposes of protecting employees in California, read in conjunction with recent California court decisions stating that all employees who perform work within California are covered by state wage and hour laws, suggests that any employee, regardless of where the employer is located, who works at least 30 days within the State of California is covered by the Act, and is therefore entitled to PSL.
Written By: Jason Resnick V.P & General Counsel, Western Growers Association
Patrick S. Moody, Barsamian & Moody
Michael C. Saqui, The Saqui Law Group
Counsel to Management:
Now is the time to update your Employee Handbooks to ensure compliance with the new law beginning July 1, 2015. For questions regarding the new law and/or compliance issues, please contact The Saqui Law Group