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SAN DIEGO: PROPOSITION I. REFERENDUM OF ORDINANCE REGARDING EARNED SICK LEAVE AND MINIMUM

Yesterday, San Diego voters approved the “City of San Diego Earned Sick Leave and Minimum Wage Ordinance”, No. O-20390.

With the proposition’s passage, employers are to compensate employees working within the City of San Diego with a minimum wage of $10.50 per hour upon the Ordinance’s effective date (i.e., as soon as the election is certified). This increase is not retroactive. Minimum wage will again increase to $11.50 perhour on January 1, 2017, and increase with the cost of living on January 1, 2019, and annually thereafter.

The second part of Proposition I addresses paid sick leave and presents more complex changes to existing law. Employees must receive one hour of paid, earned sick leave for every thirty hours worked, at the same hourly rate or other measure of compensation that the employee earns. Earned sick leave would begin to accrue when employment starts. There would be a 90-day waiting period before an employee could use the leave.

However, unlike the California state sick leave law (“Healthy Workplaces, Healthy Families Act of 2014”), which went into effect July 1, 2015 and permits an employer to limit an employee’s use of accrued paid sick days to 24 hours (3 days) during each year of employment, the new San Diego ordinance allows the use of up to 40 hours (5 days) of sick leave per year, but accrual cannot be capped and unused leave must be carried over. Upon an employee’s separation, employers would not have to pay unused leave, but must maintain it for six months if the employee returns.

Employers must post notices and maintain records, and will be subject to civil penalties for violations.

Employers within the City of San Diego will therefore need to move quickly to assess their current minimum wage and paid sick leave policies and ensure that they comply with the new city requirements.

For more information, please click here: http://www.sandiegouniontribune.com/…/minimum-wage-hike-me…/

*** This post is for informational purposes only, and merely recites the general rules of the road. Lots of legal rules have exceptions, however, and every case is unique. Never rely solely on a blog post in evaluating your situation — always contact an attorney when your legal rights and obligations are on the line.

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