Adds to the Growing Number of Cities Who Have Enacted Such Ordinances
Emeryville, a small city in Alameda County and home to Pixar Animation Studios, joins San Francisco, Oakland and other cities across the nation that have enacted paid sick leave ordinances. On June 2, 2015, the Emeryville City Council adopted its Minimum Wage and Paid Sick Leave Ordinance that went into effect on July 1, 2015.
The Ordinance provides for a higher citywide minimum wage and additional paid sick leave provisions than required by the State of California:
- Minimum wage will increase to $12.25 per hour for Small Businesses (employers with 55 or fewer employees)
- Minimum wage will increase to $14.44 for Large Businesses (employers with 56 or more employees)
Paid Sick Leave
In addition to minimum wage increases, any employee who performs at least two hours of work in a given week in Emeryville will be entitled to paid sick leave. Employees will accrue 1 hour of paid sick leave for every 30 hours worked, but employers may cap the amount of sick time that can be accrued annually. Small Businesses may cap accrual of paid sick time at 48 hours per year and Large Businesses may cap accrual at 72 hours per year. Employees may use all sick time accrued per year and carry over all accrued and unused sick time subject to the annual cap.
The Ordinance also expands the definition of “Family Member” for use of paid sick leave. “Family Members” may include a “designated person” if the employee is without a spouse or registered domestic partner. “Family Members” also include providing care for guide dogs, signal dogs, or service dogs of the employee or employee's family member.
Emeryville's new ordinance also requires that Hospitality Employers who collect service charges from customers must pay the entirety of those charges to the Hospitality Workers who performed those services for which the charge was collected.
Full text of Emeryville's Minimum Wage and Paid Sick Leave Ordinance can be found here.
California's Healthy Workplaces, Healthy Families Act
California's Healthy Workplaces, Healthy Families Act (AB 1522), took effect on July 1 and requires employers to provide paid sick leave to all employees. Emeryville is the 26th state or city to enact a paid sick leave law. Eugene, Oregon's Sick Leave Ordinance was set to take effect on July 1, but is preempted by Oregon's sick leave bill which was signed into law on June 22 and takes effect on January 1, 2016. Massachusetts' Earned Sick Time Law went into effect on July 1 with a safe harbor provision for certain employers until January 1, 2016.
If you have questions about California minimum wage or paid leave laws, don't hesitate to contact leading California employment lawyers from Kingsley & Kingsley to take advantage of a free initial consultation. To discuss your situation call us toll-free at (888) 500-8469 or clicking here to contact us regarding your case.