Reminder to San Diego Employers: Deadline to Issue Minimum Wage & Sick Leave Notice is October 1, 2016

The deadline to comply with the notice requirement of City of San Diego’s Earned Sick Leave and Minimum Wage Ordinance (“Ordinance”) is October 1, 2016. Employers subject to the Ordinance are required to issue existing employees a written notice of the employer’s name, address, and telephone number, the legal requirements under the Ordinance and information about how the employer satisfies the requirements of the Ordinance. Employers should ensure timely compliance with this notice requirement to avoid being exposed to the Ordinance’s civil penalties.

Photo by CoCam/iStock / Getty Images
Photo by CoCam/iStock / Getty Images

 Background of the Ordinance

The Ordinance became effective on July 11, 2016. It is applicable to employees who perform at least two (2) hours of work in one or more calendar weeks of the year within the geographic boundaries of San Diego. 

Pursuant to the Ordinance, all employers must pay each employee wages not less than $10.50 for each hour worked within the geographic boundaries of the City. The City of San Diego minimum wage will increase to $11.50 on January 1, 2017.

The Ordinance also requires that employers provide each employee earned sick leave. Employees must accrue no less than one (1) hour of earned sick leave for every thirty (30) hours worked within the geographic boundaries of the City. Employers may cap the total accrual of sick leave at eighty (80) hours. However, any unused accrued sick leave must be carried forward to the following benefit year.

Alternatively, employers may satisfy the accrual and carry over requirements if no less than forty (40) hours of earned sick leave are awarded to an employee at the beginning of each benefit year. Employees may use earned sick leave for reasons described in the Ordinance, including but not limited to, time for their own medical care or medical care of a family member or for specified purposes in cases of domestic violence or for specified purposes in cases of facility closures in events of public health emergencies.

 The Ordinance’s Posting and Notice Requirements

 Employers must post in a conspicuous place at the workplace, the minimum wage notice and earned sick leave notice published each year by the City of San Diego.  Additionally, every employer must also provide each employee, at the time of hire or by October 1, 2016, whichever is later, written notice of the employer's legal name, any fictitious business name, address, telephone number, the employer's requirements under the Ordinance, and information on how the employer satisfies these requirements including the employer's method of earned sick leave accrual. 

 To satisfy the notice requirement, employers may use a template published by the City of San Diego. That template can be found here: https://www.sandiego.gov/sites/default/files/tr_final_esl_mwo_employer_notice_to_employee_9-2-16.pdf

 An employer who fails to comply with the posting and notice requirements of the Ordinance is subject to a civil penalty of $500 for each employee who was not given appropriate notice, up to a maximum of $2,000.

This content is made available by Louderback Law Group for informational purposes only, not to provide specific legal advice. This information contained herein should not be used as a substitute for competent legal advice from a licensed counsel.