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California Paid Sick Leave

OnDemand Webinar (95 minutes)

Get an overview of key components to California's mandatory Paid Sick Leave Act.

With the enactment of the Healthy Workplaces, Healthy Families Act of 2014 (Paid Sick Leave Act), California employers have the monumental task of revising their policies, and implementing procedures to ensure that they are meeting statutory requirements. However, many employers remain unsure of whether their processes are compliant. This topic will provide you with an overview of key components to California's mandatory Paid Sick Leave Act by identifying who is covered, employees' rights and employers' obligations under the act, and pitfalls and potential civil actions for violating the act. In addition, California's Paid Sick Leave Act will be compared to existing city ordinances in San Francisco, Oakland, Emeryville, and Santa Monica for similarities and differences in compliance, and the effect of the proposed ordinances in San Diego, Los Angeles and Long Beach will be discussed. Finally, this topic will explore questions that remain unanswered by the implementation of the act and growing trends in employment law and litigation with respect to the Paid Sick Leave Act.

Authors

Kim L. Carter, Carothers DiSante & Freudenberger LLP

Agenda

Overview of the Healthy Workplaces, Healthy Families Act of 2014 (Paid Sick Leave)

• Labor Code Sections 245 - 249 and AB 304

Methods of Calculating Paid Sick Leave

• Accrual vs. Front Load Methods

• Calculating Minimum Paid Hours for Alternative Work Weeks and Part Time Workers

• Calculating Rate of Pay for Employees Paid Commissions Pursuant to AB 304

• Calculating Rate of Pay for Employees Paid Piece Work

• Qualifying Employer PTO Policies

Employers' Obligations to Provide Paid Sick Leave

• Tracking Leave

• Permissible Uses of Leave

• Conditions to Use Leave

An Employee's Right of Action for Paid Sick Leave Violations

• Discrimination and Retaliation Claims

• Statutory Fines and Penalties

• Best Practices to Avoid Litigation

City Ordinances Compared to the State Law

• San Francisco, Oakland, Santa Monica, and Emeryville's Paid Sick Leave Ordinances, Including Similarities and Differences With the State Law, and Employer Responsibilities to Comply With Both

• Proposed City Ordinances: San Diego (on June 2016 Ballet), Los Angeles, and Long Beach

Exploring Unchartered Territories

• Challenges Implementing the Paid Sick Leave Act

• Unanswered Questions and Employment Trends