Effective this Friday, July 1, 2016, employers with 26 of more employees, must pay employees who perform at least two hours of work within the geographic boundaries of the City of Los Angeles within a particular week at least $10.50 for each hour worked.
Articles about California Labor And Employment Law.
Effective this Friday, July 1, 2016, employees working at least two hours in a workweek in the City of San Francisco must be paid at least $13.00 for each hour worked. The new $13 hourly rate is an increase from $12.25 per hour.
In California, signatures are being gathered in support of the “Control, Regulate and Tax Adult Use of Marijuana Initiative.” The initiative is likely to qualify for the November 2016 ballot and, if passed by the voters, could legalize the recreational use of marijuana in California. In this podcast, Bruce Sarchet, Littler Mendelson Shareholder, explains the current status of California law in this area, the impact of Federal law, and the steps which employers can take now to prepare for this potential change in California.
There have been a few notable developments this week in the employment law world. Here’s the roundup: Service Advisor Overtime Exemption.
Los Angeles Approves Minimum Wage Increases and Mandates Employers to Provide 48 Hours of Paid Sick Leave
After enduring years of drought, California employers find themselves in a phenomenon of equal concern: a cruel summer. In the span of one month, two new local paid sick leave laws were signed and amendments to two existing local measures were approved. On May 10, 2016, Santa Monica amended its law, about two months shy of its scheduled operative date.
Like its neighbor Santa Monica and other major California cities including San Francisco and Oakland, the City of Los Angeles approved its own sick leave entitlement ordinance on June 2, 2016. The Los Angeles Ordinance (“Ordinance”) will provide employees working in the City of Los Angeles with the ability to accrue and use up to 48 hours of sick leave, twice the amount provided by state law. Enacted as an urgency matter, the new sick leave obligations become effective for employers on July 1, 2016, less than 30 days after being signed by Mayor Eric Garcetti.
The Los Angeles City Council has passed a paid sick leave ordinance, which is slated to go into effect July 1, 2016 in conjunction with the previously passed minimum wage ordinance. The sick leave ordinance will require employers in the City of Los Angeles to provide paid sick leave benefits that exceed the benefits already mandated by California state law
On June 1, 2016, the California Occupational Safety and Health Division (Cal/OSHA), predicting that temperatures in certain parts of Southern California and even the cooler Bay Area are expected to exceed 100 degrees, issued a “Statewide High Heat Advisory.” Cal/OSHA used the Advisory as an opportunity to remind California employers how they can protect their outdoor workers, including developing and implementing written procedures for complying with the Cal/OSHA “Heat Illness Prevention Standard.”
In the California legislative process, June 3, 2016 was the last day for each house to pass bills introduced in that house. On March 22, 2016, we reported on notable employment-related bills that had been introduced. Here is an update on the bills that failed passage in their house of origination, and an update on the bills passed their house of origination and have moved forward to the other house for consideration:
On Tuesday, San Diego’s voters overwhelmingly voted in favor of a ballot measure to pass Proposition I, which increases the minimum wage for workers in the City of San Diego and mandates that these employees be provided with paid sick leave benefits that exceed the benefits already mandated by California state law. The San Diego City council had previously approved this minimum wage and paid sick leave ordinance in 2014, but a voter referendum caused it to be placed on the 2016 ballot for voter approval.
Last week, in Thomsen v. Georgia-Pacific Corrugated, LLC, a federal district court in California held that an employer might have violated its obligations under California’s Fair Employment and Housing Act (“FEHA”) when it simply told an employee to return to his doctor to obtain a note outlining additional work restrictions. The Court held that a reasonable jury could find that the employer was obligated to do more than tell the Plaintiff to go back to his physician and get a new doctor’s note, especially because evidence suggested it would have been possible to respond to some of Plaintiff’s concerns without a new doctor’s note.
Employers in the City of San Diego will need to review their current paid sick leave and minimum wage policies to ensure they comply with a voter-approved ordinance extending paid sick leave and raising the minimum wage for workers in the City.
On June 1, 2016, The California Occupational Safety and Health Division issued a high heat advisory, warning employers to protect their outdoor workers from heat illness as temperatures hit extreme highs this week.
The California legislature has reached the midpoint of its 2016 legislative session. The Governor has signed four bills of significance to California private sector employers. In addition, a few dozen workplace-related bills have moved beyond their initial policy committees, and many have passed their house of origin and proceeded to consideration in the other legislative chamber. Major bills still in process would change private arbitration of employment disputes, and would create predictive scheduling requirements for some employees working on a shift basis.