Tag Archives: California Healthy Workplace Family Act of 2014

New California Paid Sick Leave Law Now in Effect

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As of last week, California law now requires mandatory, paid sick leave for most employees – including part-time, temporary and seasonal employees.  This means restaurants in the Golden State now must provide paid sick leave, whether they have in the past or not.  Employees are now guaranteed up to 24 hours (three days)  of annual sick leave – there is no exception for small employers.  Some of the key details of California’s new law – Healthy Workplace Healthy Family Act of 2014 (AB 1522) – are as follows:

  1. To be eligible, employees must have worked in California for 30 days and for their current employer for 90 days.
  2. Sick leave must accrue at no less than one hour for every 30 hours worked but employers may provide eligible workers 24 hours up front.
  3. Employers must track accrual and use.
  4. While accrued sick leave need to be paid out on separation, those who are rehired within a year get their accrued sick leave reinstated.

Restaurants in California are required to put up new posters displaying information on paid sick leave.  Restaurants also must inform employees of their rights upon hiring new employees and then keep sick leave records for at least three years.  There are a number of other uses allowed for sick time, such as caring for a sick relative, coping with domestic abuse, and of course, actually being sick.

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Upcoming Legal Compliance Deadlines for Bay Area Restaurant Owners and Other Employers

• April 30, 2015 is the deadline for employers covered by the Health Care Security Ordinance (HCSO) and the Fair Chance Ordinance to submit their 2014 Employer Annual Reporting Forms. If you are a restaurant owner or employer with 20 or more employees, you may likely be covered by the HCSO. If you cannot meet the April 30 deadline, a penalty of $500 per quarter will be assessed until the form is submitted. Please carefully review the instructions before submitting the form.
• May 1, 2015 is the effective date for San Francisco’s minimum wage to rise to $12.25 per hour. The Minimum Wage Ordinance requires all employers to post a notice informing employees of their rights. The notice must be posted at each workplace in San Francisco in a location where employees can read it easily.
• July 1, 2015 is the effective date when key provisions of the new paid sick leave law, the California Healthy Workplace Family Act of 2014, take effect. There are a number of new requirements for employers under this law, so please be sure to review the application of the new law with an employment law attorney. Employers must provide at least 24 hours or 3 days of paid sick leave for each eligible employee per year, display a poster on paid sick leave where employees can read it easily, provide written notice to employees with sick leave rights at the time of hire, keep records showing how many hours have been earned and used for 3 years, and comply with additional requirements.