With a number of sick leave laws already in place, the latest batch of sick leave laws are schedule to take effect this July. Employers in the following cities and states should take the time to review current policies to make sure they are compliant with the changes on the effective date, or you could face penalties! For any assistance in implementing the changes in policies to reflect the new laws, contact us at myHRcounsel. As a reminder, a handbook update is included in our services.
Arizona (Effective July 1, 2017)
Arizona residents passed Proposition 206 in November 2016, which is known as the “Fair Wages and Healthy Families Act.” Under the act, it raised the minimum wage (effective January 1, 2017) and added a state-wide sick leave law (effective July 1, 2017). Arizona has become the sixth state to pass a sick leave law. Under the law, employees must accrue at least one hour of paid sick leave time per 30 hours worked. For businesses with 15 or more employees, employers must allow the employees to accrue and use up to 40 hours of paid sick time per year. For employers with less than 15 employees, the number goes down to 24 hours.
The Chicago paid sick leave ordinance covers all employers that maintain a business within the Chicago city limits, or are subjected to one or more of the city’s licensing requirements. Under the law, employees may accrue up to 40 hours of paid sick leave per year- at the rate of 1 hour of paid sick leave for every 40 hours worked. Additionally, employees can carry unused sick leave hours across years.
The Cook County ordinance is largely the same as Chicago’s, however several municipalities have opted out: (Barrington, Bedford Park, Mount Prospect, Rosemont, Tinley Park, and Oak Forest.
The Minneapolis paid sick leave ordinance requires employers with at least 6 employees to provide paid sick and safe leave time to employees who work in the Minneapolis city limits. The ordinance requires that employees accrue one hour of sick leave for every 30 hours worked, for up to 48 hours of sick leave per year.
The Saint Paul Ordinance is similar to the Minneapolis ordinance, however it is mandated to all employers with no minimum amount of employees. The effective date however is due to the amount of employees. For employers with 24 or more employees, it is effective July 1, 2017. Employers with 23 or fewer employees have an additional year to prepare and it is effective July 1, 2018.
Los Angeles (Effective July 1, 2017)
Last June, the Los Angeles City Council passed an ordinance which mandated paid sick leave beyond the requirements required by the state of California's "Healthy Workplaces, Healthy Families Act of 2014." For employers with more than 26 employees, this ordinance took effect July 1, 2016, however for businesses with 25 or fewer employees, this is effective on July 1, 2017. Under this ordinance, employees will accrue up to 1 hour of paid sick leave for every 30 hours worked, with any unused time allowed to be carried over. An employer will have the right to cap the paid leave at a minimum of 72 hours however.
The Los Angeles Minimum wage is also rising on July 1, 2017. Employers with 26 or more employees must pay a minimum of $12.00 per hour to employees. For employers with 25 or fewer employees, or approved non-profit corporations (with 26 or more employees) may pay a deferred rate of $10.50 per hour to employees.
For a required poster, click here.
Seattle (Effective July 1, 2017)
On September 19, 2016 the Seattle, WA City Council passed the Secure Scheduling Ordinance (CB 118765). The ordinance mandates that large retail and food service employers in the city provide at a minimum of two-weeks notice to employees of their work schedules. If the schedule is altered, employees are due compensation.
California (Effective July 1, 2017)
The California Department of Fair Employment and Housing (DFEH) has passed new regulations which will limit the ability of employers to consider criminal history when making decisions regarding employment. Under the regulations, employers are prohibited from using criminal records in any employment decision if:
a. If the use has an impact on individuals in a legally protected class designated by FEHA, or
b. The applicant or employee able to demonstrate an effective and less discriminatory way of achieving the specific business necessity.
An employer must be able to demonstrate that the consideration or use of a criminal background check is both job related and consistent with business necessity. However, an employee may still prevail if they can demonstrate a less discriminatory policy or practice.