On September 19, 2020, California’s new law requiring large employers to provide employees with COVID-19 supplemental paid sick leave (“CSPSL”) becomes effective.  The new CSPSL requirement will be codified as Labor Code section 248.1 and was enacted via Assembly Bill (AB) 1867, which Governor Newsom signed into law on September 9, 2020.  In addition to addressing other leave and COVID-19 related items, AB 1867 also codified the existing CSPSL requirements for certain food sector workers under Executive Order N-51-20 as new Labor Code section 248.  In an effort to get employers up to speed on both section 248 and 248.1, the Division of Labor Standards Enforcement (“DLSE”) published its responses to frequently asked questions on the new requirement to provide CSPSL.  This article briefly summarizes the key requirements of the new CSPSL law for non-food sector workers and identifies specific issues that employers in California should attend to as they hastily roll out the leave to employees.
Continue Reading What Employers Need to Know About California’s New COVID-19 Supplemental Paid Sick Leave Law

Los Angeles County enacted an ordinance requiring employers with 500 or more employees nationally and that are not otherwise covered by the federal Families First Coronavirus Response Act and Governor Newsom’s Executive Order N-51-20 to provide employees with supplemental paid sick leave for COVID-19 related reasons.  The City of Los Angeles previously passed a similar ordinance, but the County ordinance expands the coverage for supplemental paid sick leave to employees outside the City’s geographic boundaries.
Continue Reading Los Angeles County Enacts Supplemental Paid Sick Leave Ordinance Effective Immediately

In an effort to fill the gap left by the federal Families First Coronavirus Response Act (FFCRA), the San Jose City Council unanimously passed the COVID-19 Paid Sick Leave Ordinance (“Ordinance”) on April 7, 2020.  The Ordinance requires covered businesses operating in San Jose to provide Covered Employees with at least 80 hours of paid leave for uses related to COVID-19.
Continue Reading Additional Paid Leave for Some San Jose Employees Under the COVID-19 Paid Sick Leave Ordinance

On April 3, 2020, Governor Cuomo passed Assembly Bill A9506B, which will grant most New Yorkers paid sick leave annually, building on temporary requirements the state adopted in response to the coronavirus pandemic. The paid sick leave mandate, which was adopted as part of the FY 2021 Executive Budget, will take effect in January 2021. Key provisions are as follows:
Continue Reading New York State Passes Guaranteed Sick Leave for Working New Yorkers Beyond COVID-19

On March 18, 2020, shortly after it was passed in the Senate by a vote of 90-8, President Trump signed H.R. 6201, the Families First Coronavirus Act (the “Act”) into law.

There are two paid leave provisions of the Act that employers with fewer than 500 employees should be aware of: (1) the Emergency Family and Medical Leave Expansion Act; and (2) the Emergency Paid Sick Leave Act.  The Act also provides, among other things, $1 billion in grants to states for emergency unemployment insurance and refundable tax credits for employers providing paid emergency sick leave or paid FMLA.  Further, for those who have been closely following the trajectory of this bill, it is worth noting that there are key differences as highlighted below between the original version of the bill passed by the House on March 14 and the final law, which are the result of several “corrections” that the House made to the bill on March 16 before sending it to the Senate.
Continue Reading What Employers Need to Know About the Newly-Enacted Families First Coronavirus Act

Update: This story has been updated to reflect the governor’s approval of the bill.

On March 18, 2020, New York Gov. Andrew Cuomo passed a bill guaranteeing job-protection and pay for New Yorkers who have been quarantined as a result of COVID-19. The law is more narrow than the version Gov. Cuomo announced Tuesday, which included a statewide sick program that would have remained in effect beyond the COVID-19 pandemic. The provisions of the legislation are set to take effect immediately.

Continue Reading Empire State of Mind: Governor Cuomo Proposes Bill to Provide Immediate Assistance for New Yorkers Impacted by COVID-19

On March 16, 2020, San Francisco Mayor London Breed announced the Workers and Families First Program, which will provide paid sick leave to private sector workers who have been impacted by the COVID-19 pandemic.  The plan includes $10 million in public funding that will provide businesses and nonprofits with financial assistance to provide an additional five days of sick leave pay to workers beyond their existing policies.
Continue Reading City of San Francisco to Provide Paid Sick Leave for Private Sector Workers Impacted by COVID-19

As detailed previously here, the New Jersey Paid Sick Leave Act (the “Act”), goes into effect October 29, 2018. In general, the Act allows New Jersey employees to accrue one (1) hour of sick leave time per thirty (30) hours worked, and allows New Jersey employees to use earned sick leave time for: (i) diagnosis, care, treatment of, or recovery from the employee’s mental or physical illness, injury or other adverse health condition, or for the employee’s preventive medical care; (ii) time to aid or care for a family member in one of the situations described in (i); (iii) time needed due to an employee’s or family member’s status as a victim of domestic or sexual violence; (iv) closure of the workplace, school, or childcare facility issued by a public health authority due to a public health emergency; and (v) a school-related conference or meeting. A detailed summary of the Act’s other requirements can be found here.
Continue Reading New Jersey Department of Labor and Workforce Development Issues Proposed Regulations For the New Jersey Sick Leave Act

Just days after Cook County passed its Paid Sick Leave Ordinance on October 5, 2016, several Cook County suburbs began the process of opting out of the law.  So far, four have successfully done so.  On November 15, 2016, Barrington was the first to pass its own municipal ordinance opting out of Cook County’s Ordinance, which requires all employers in Cook County to allow eligible employees to accrue up to 40 hours of paid sick leave each year.  Oak Forest, Rosemont, and Bedford Park passed their own opt-out ordinances on December 13, December 15, 2016, and January 12, 2017, respectively.
Continue Reading The Continued Uncertainty of Paid Sick Leave Laws

Last month, Cook County passed an ordinance requiring employers in the County to provide eligible employees with certain paid sick leave benefits.  The ordinance largely mirrors a recent amendment to the Chicago Minimum Wage Ordinance, which was passed in July 2016.  Both are scheduled to go into effect on July 1, 2017, and a new Illinois law pertaining to sick pay benefits is set to take effect on January 1, 2017.

Cook County’s ordinance applies to employees throughout the county except where a home rule municipality has passed its own sick leave law. So far, Chicago is the only home rule municipality in the County to have done so, although some other cities in Cook County have expressed an intent to potentially opt out of the ordinance. In addition to these two new ordinances, the state of Illinois has also passed a new law that extends sick pay benefits to family members of employees.


Continue Reading Dissecting New Sick Leave Laws in Illinois, Cook County and the City of Chicago

On September 29, 2016, the Department of Labor (“DOL”) issued regulations (the “final rule”) implementing Executive Order 13706, which requires federal contractors to provide paid sick leave to their employees.  According to the DOL, federal contractors employ 1.15 million individuals—594,000 of whom do not receive paid sick leave.  Thus, for contractors who do not currently provide paid sick leave to their employees, the final rule imposes significant administrative and financial burdens.  However, given the nuanced requirements of the final rule, even contractors who currently provide some form of paid sick leave to employees may find the final rule burdensome to comply with.  Contractors should act now to either develop paid sick leave policies or determine what changes need to be made to their current paid leave policies to ensure that they are in compliance with the final rule once it becomes effective.
Continue Reading Department of Labor Issues Final Rule Implementing Executive Order Requiring Paid Sick Leave for Employees of Federal Contractors