By Trevor D. Large, Partner
December 2014
January 1, 2015 is rapidly approaching. That means that California’s new sick leave law will become effective in a few short weeks. With this nearing date, the California Labor Commissioner has issued two advisories that require employer attention. First, they have issued a template poster for employer compliance with the new sick leave law[1]. Second, the Labor Commissioner has issued a revised notice on wage theft.
Employers may choose to use this template poster, or may create their own. But, starting January 1, 2015, employers must display a poster in a conspicuous place requiring certain information about the new rights of employees to receive paid sick leave. The new law added Labor Code Sections 245 to 249 providing California employees with up to three days of paid sick leave beginning July 1, 2015 (accrual is based upon 1 sick leave hour for every 30 hours worked). Some employers may want to prepare their own posters if they have their own policies which are more generous than the new law requires, or if they provide employees with a “lump sum” of leave rather than following the accrual method. If an employer does prepare its own poster, that employer should still list the sick leave law requirements, but should then accurately describe the employer’s own practice.
The Labor Commissioner has not yet issued an official interpretation or FAQs on the new sick leave law. It is unclear whether any such guidance is forthcoming. However, the sample poster does provide information about when employees start accruing sick leave under the new law. The Labor Commissioner’s position in the sample poster is that employee accrual of sick leave begins on July 1, 2015, or the employee’s first date of employment, whichever is later.
The new template for the Wage Theft Notice[2] includes the additional information that the sick leave law now requires. The Labor Commissioner’s additions to the Wage Theft Notice exceed what the sick leave law expressly requires. However, a subsection the wage theft notice law empowers the Labor Commission to have the notice contain “any other information the Labor Commissioner deems material and necessary.” Therefore, employers can assume that the Labor Commissioner deems everything included in its sample Wage Theft Notice to be material and necessary. Employers who do not use this notice should guarantee that their notices include all information appearing in the template notice.
So, to summarize, January 1, 2015 is the date to comply with the posting requirement and use the new Wage Theft Notice. However, employee use and accrual of mandated sick leave does not begin until at least July 1, 2015.
Trevor D. Large, Partner
TLarge@BFASLaw.com
(Direct) 805.966.7716
DISCLAIMER: This Advisor is one of a series of business, real estate, employment and tax advisories prepared by the attorneys at Buynak, Fauver, Archbald & Spray, LLP. This Advisor is not exhaustive, nor is it legal advice. You should discuss your particular situation with us or with your own attorney. Our legal representation is only undertaken through a written engagement letter and not by the distribution of this legal Advisor.
[1] The sample poster may be found at: http://www.dir.ca.gov/DLSE/Publications/Paid_Sick_Days_Poster_Template_(11_2014).pdf
[2] This notice can be found at: http://www.dir.ca.gov/DLSE/Publications/LC_2810.5_Notice_(Revised-11_2014).pdf
