Are you a non-California company with employees who work in California from time to time? California's Healthy Workplaces, Healthy Families Act of 2014 ("the Act") provides for mandatory paid sick leave to any employee working in California for 30 days or more in a year, even if employed by a non-California employer. This includes part-time and temporary workers. Employers of a workforce with sufficient travel and/or work in California should consider a tracking protocol to monitor their employees' eligibility under the Act to ensure compliance.
Eligibility kicks in after the employee works in California for 30 or more days in a year and accrual begins on the first day of employment or July 1, 2015, whichever is later. There are few exceptions to the type of employees covered by the Act, and are limited to:
- Most employees covered by a valid collective bargaining agreement
- Providers of in-home supportive care
- Certain flight deck or cabin crew members
Accordingly, it is recommended that companies with employees who spend sufficient time working in California track their employees' working time in the Golden State to ensure compliance with the Act and avoid any fines or penalties for failure to do so, which range from $50 to $4,000 in the aggregate. Further possible penalties include additional fines owed to the State of California as well as the potential for the Labor Commissioner or Attorney General to file a civil action to obtain relief on behalf of any employee. It is important to note that a current PTO policy which follows the Act's requirements will be sufficient for compliance with the Act.
For an in-depth look at the Act, please visit Polsinelli's Labor & Employment blog for Ten Quick Facts on California's New Paid Sick Leave Law. The post includes a printable guide suitable for sharing with colleagues.
Assistance with Compliance and Education
Polsinelli attorneys have experience with California labor and employment laws. If you have any questions regarding whether your company is in compliance or recommended steps to take, or for additional questions regarding California's Healthy Workplaces, Healthy Families Act of 2014, please contact the authors or your Polsinelli attorney.