itemized wage statements

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

By:   Shauna N. Correia

Governor Brown recently approved SB 1255, AB 1744 and AB 2674, amending existing Labor Code section 226 relating to wage statements. Existing law requires all employers to provide employees with accurate itemized statements with specific information, either semimonthly or at the time of each payment of wages. Penalties up to $4,000 or actual damages, plus attorneys’ fees and costs, can be imposed on employers who willfully violate these requirements. Now, wage statements for temporary services employees must contain additional information. New law also clarifies when an employee has suffered an “injury” for purposes of obtaining the penalties, and provides employers with an affirmative defense for inadvertent, one-off violations.

Continue Reading Amendments to Labor Code §226 Clarify Employers’ Wage Statement Obligations and Add Specific Requirements for Temporary Services Employers