California’s Paid Sick Leave Check-Up (Plus Piece-Rate, Minor Work Permits, and Release of Claims)
California’s Paid Sick Leave Check-Up (Plus Piece-Rate, Minor Work Permits, and Release of Claims)
CALIFORNIA'S PAID SICK LEAVE CHECK-UP (Jan Gabrielson Tansil / Lisa Ann Hilario). Since July 2015, California law has required all employers to provide paid sick leave to employees who work at least 30 days in a year. At the one-year mark, employers should confirm compliance: distribute a written policy; identify the accrual method (24 hours/3 days up front, 1 hour per 30 worked, or more generous); accrue from date of hire; set usage increments of 2 hours or less; define waiting periods and qualifying reasons; ensure any PTO or pre-July-2015 policy fully complies (most require revision); confirm carryover rules for the 1-for-30 method; define when the "year" starts for the up-front method; provide a time-off request form; comply with any city sick-leave ordinances; calculate sick pay correctly; show available sick leave on pay stubs; reinstate accrued sick leave for employees who return within a year; keep records; and issue the Notice to Employee.
IMPORTANT PIECE-RATE UPDATE (Kari Brown / Jan Gabrielson Tansil). Following a Nisei Farmers League lawsuit, a court restrained the DIR from enforcing the July 1, 2016 deadline to file a notice of intent to use the safe-harbor procedures; the filing deadline was pushed to July 18, 2016 pending a hearing on a preliminary injunction. Employers who missed the initial deadline still had time to file. Given the uncertainty, employers opting into the safe harbor should consider delaying safe-harbor payments until the lawsuit's impact is determined. The delay applies only to the safe-harbor filing/payment process — not to the new piece-rate rules effective January 1, 2016, which employers must continue to follow for rest/recovery breaks and other non-productive time.
SUMMER WORK PERMITS FOR MINORS (Kari Brown). Except in very limited circumstances, minors under 18 employed in California must have a valid work permit before performing any work. The permit (outside entertainment) is issued by an authorized person at the minor's school (or the district superintendent when school is out) after the minor obtains and completes the "Statement of Intent to Employ Minor and Request for Work Permit," signed by the minor, parent/guardian and employer. Permits may be denied or revoked by school officials or the Labor Commissioner. Employers must keep each minor's permit on file and available for inspection, and monitor expiration (permits can expire each semester).
FOR A "REAL DEAL," GET A RELEASE OF CLAIMS (Valorie Bader). In Green v. Brennan, the US Supreme Court held that a "forced-resignation" employee's constructive-discharge claim did not accrue until after he resigned, so his EEOC filing was timely. The bottom line: a deal with an employee is not a "real deal" unless it includes language constituting a full and knowing release of all claims during employment. Document any "deal" with an employee in an enforceable release agreement.
Originally distributed as a PDF bulletin. View the original PDF.

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