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Labor & Employment Legal Alert
July 14, 2016              

UPDATE: San Diego's Expansion of Minimum Wage and Paid Sick Leave

On July 11, 2016, the San Diego Earned Sick Leave and Minimum Wage Ordinance became effective. As of the effective date, employers are required to pay employees who work at least two hours in a calendar week within the geographical boundaries of the City of San Diego a minimum wage of $10.50. Employers are also now required to provide employees one hour of paid sick leave for every 30 hours worked. The City also published the notices employers are required to post in the workplace regarding the new minimum wage and sick leave laws.

The San Diego City Council is currently in the process of considering an implementing ordinance for the Earned Sick Leave and Minimum Wage Ordinance. The implementing ordinance will, inter alia, designate an enforcement office, establish a system for receiving and adjudicating complaints, amend the remedy for violations and the accrual requirement for sick leave, and clarify the language of the Ordinance. If the implementing ordinance takes effect it will:

  • Allow employers to cap an employee’s total accrual of sick leave at 80 hours;
  • Allow employers to front load no less than 40 hours of sick leave to an employee at the beginning of each benefit year;
  • Clarify the enforcement process including a civil penalty cap for employers with no previous violations; and
  • Clarify language regarding the award of sick leave to be more consistent with State law.

Read the Implementing Ordinance.

Read about the noteworthy changes, including the minimum wage increase schedule. 

View the required minimum wage and sick leave notices.

View the City of San Diego geographical boundaries

Swonetz Josi Kennon Josi Kennon Swonetz
Senior Counsel
Litigation | Labor & Employment | Class Actions
San Diego
(619) 235-1560
(619) 233-1158 (fax)
Email Josi

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