Recently, San Diego voters approved Proposition I, which requires San Diego employers to provide higher minimum wages and five days of paid sick leave to employees working in the city. The new requirements are set to take effect as soon as the election results are certified, which could be as early as July 2016. According to City Attorney Jan Goldsmith the Ordinance will not be retroactive.
Proposition I, otherwise known as the City of San Diego Earned Sick Leave and Minimum Wage Ordinance, No. O-20390, was approved by the San Diego City Council in August 2014 and was introduced on the June 7, 2016, ballot as the result of a referendum petition that qualified the measure for the ballot, and a City Council vote to place it on the ballot. It passed with 63% of San Diego voters voting in its favor.
Under the Earned Sick Leave and Minimum Wage Ordinance, the minimum wage will increase gradually over the next few years as follows:
The Ordinance applies specifically to employers and employees in the geographic boundaries of the City of San Diego.
The Ordinance defines "employer" as a person or persons, including associations, organizations, partnerships, business trusts, limited liability companies, or corporations, who exercise control over the wages, hours, or working conditions of any employee, engaged an employee, or permit an employee to work.
The Ordinance defines "employees" as (1) "any person who, in one or more calendar weeks of the year, performs at least two hours of work within the geographical boundaries of the City of San Diego for an employer;" and (2) "who qualifies for the payment of minimum wage under State of California minimum wage law." The definition excludes independent workers, individuals who have been issued a special license by the State to be employed for less than minimum wage, certain youth employees in publicly subsidized summer or short-term employment programs, and certain counselors at organized outdoor camps.
Under the Ordinance, employees would 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. The main requirements include:
San Diego employers are required to post bulletins and notices regarding the new minimum wage and sick leave laws. Below is a summary of the key requirements.
An employer who violates the provisions of the Ordinance may be subject to legal action or civil penalties, as follows:
The City of San Diego has yet to issue posters that comply with the new Ordinance, but it is anticipated that they will be available in the coming months.
Employers with questions regarding compliance should contact their employment counsel. Read the full text of the Ordinance.
Josi Kennon Swonetz
Labor & Employment
(619) 233-1158 (fax)
Labor & Employment
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