On October 11, 2016, the California Department of Industrial Relations (“Labor Commissioner”) issued an opinion letter clarifying the method of calculation for paid sick leave under Labor Code section 246 (the “Healthy Workplaces, Healthy Families Act of 2014”) for employees paid by commissions and for exempt employees who also receive an annual bonus.  Here is

The California Legislature has been pretty busy this year introducing various bills that will affect certain California employers.  Below is a brief summary of two bills recently signed by the Governor – one that amends the new mandatory sick leave law, and one that ensures that professional cheerleaders are treated as employees for purposes of employment entitlements and protections.

Assembly Bill 304 – Amending the New Healthy Workplaces-Healthy Families Act (aka Mandatory Paid Sick Leave Law).Beth-West-15_web

The bill which takes effect immediately, amends the Healthy Workplaces, Healthy Families Act of 2014 that went into effect on July 1, 2015.  Among other things, this bill clarifies that an employee must work for the same employer within California for 30 or more days per year in order to qualify for accrued sick leave.  It also authorizes an employer to provide for employee sick leave accrual on a basis other than one hour for each 30 hours worked, provided that the accrual is on a regular basis and the employee will have 24 hours of accrued sick leave available by the 120th calendar day of employment.   Additionally, the bill clarifies that an employer may limit an employee’s use of paid sick days to 24 hours or 3 days as follows: in each year of employment; in a calendar year; or in a specified a 12-month period.  The bill also provides that an employer has no obligation to inquire into or record the purposes for which an employee uses sick leave or paid time off.Continue Reading The Governor Agrees – Professional Cheerleaders are “Employees” and Employees are Entitled to Paid Sick Leave Pursuant to the Amended Healthy Workplaces-Healthy Families Act

The California legislature has a number of important bills pending passage that would significantly affect employers.  We are following these bills closely so that employers can be prepared for what 2015 may bring.  Click here for a look at the status of the bills of interest to California private-sector employers as the legislature begins its