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California Labor Enforcement Agency Clarifies Sick Leave Rule

"[An] employer that uses a 30:1 ratio for a part-time employee is in compliance with California's new PSL law, even if the employee does not earn 24 hours of PSL by the 120th day of employment/120th day of the year or 12-month period, or 40 hours of PSL by the 200th day."

Ensuring Your Severance Agreements Are Lawful

"[A recent[ prosecution and settlement makes it clear that the NLRB is serious about enforcing McLaren Macomb ... Employers should review their standard settlement and severance agreements ... and decide whether revisions to their standard agreements is appropriate. Employers should also consider whether it makes sense to notify former employees who signed agreements with provisions in violation of McLaren Macomb that these provisions will not be enforced." [McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023)]

California Court of Appeal Affirms Definition of Exempt Employee Under Sick Pay Leave

"Labor Code Section 246 provides multiple methods of calculations for sick time pay -- depending on whether the employee is exempt or non-exempt.... Charter paid Hirdman's sick time at his base rate of pay and did not factor in commissions.... The Court focused on the fact that the legislature chose not to limit the reach of 'exempt employee' in the statute when it very well could have. This means that 'exempt employees' extends to all employees exempt from overtime, including outside salespersons." [Hirdman v. Charter Communications, LLC, No. D084304 (Cal. Ct. App. Aug. 4, 2025)]

San Francisco Ordinance Requires Differential Pay for Military

"[Effective] February 19, 2023, ... the Military Leave Pay Protection Act (MLPPA) ... requires private San Francisco employers who have at least 100 employees worldwide, to ... pay their employees the difference between their gross military pay and their gross pay as employees, for up to 30 days in a calendar year.... [T]he San Francisco Office of Labor Standards Enforcement (OLSE) [has] published some helpful FAQs on the application of this new ordinance."

An Update on Remote Work Reimbursement Rules in California

"California employers have recently experienced a material uptick in lawsuits from employees seeking reimbursement for expenses incurred while working from home.... Many California businesses continue to have employees work from home or are now using a hybrid structure. These employers should be aware of their reimbursement requirements under California law and review their policies and telecommuting agreements to ensure employees are being properly reimbursed."

California Considering Expanding Paid Sick Leave to Seven Paid Days

"[If] enacted in its current form, SB 616 would modify the required paid sick leave accrual method to require that California employees have no less than 56 hours of accrued sick leave or paid time off by the 280th calendar day of employment or each calendar year, beginning January 1, 2024."

California Expands Bereavement Leave Benefits for Public Employers and Private Employers of 5 or More Employees

"This bill requires covered employers to provide eligible employees with 5 days of unpaid bereavement leave for the death of an employee's family member. AB 1949 goes into effect on January 1, 2023 and applies to private employers with five or more employees and to all public employers."

Employers with Employees in West Hollywood: Mandatory Paid and Unpaid Leave Takes Effect July 1

"If you have a single employee who works for two hours or more in a week in the city of West Hollywood, California, ... significant changes ... take effect on July 1, 2022 ... This ordinance applies to employees who work remotely from their homes or locations in West Hollywood, even if their employer is outside of West Hollywood.... [E]mployees [must] be provided with up to 96 hours of paid leave per year and up to an additional 80 hours of unpaid leave."

San Francisco Issues New Guidance on Paid Sick Leave and COVID-19

"Under the prior guidance, it was deemed unreasonable for an employer to ask an employee for ... documentation substantiating their need for PSL unless the employee was out of work for more than three consecutive days ... The OLSE has now extended the presumption of unreasonableness to when an employee is out for up to and including five consecutive days for COVID-19 related reasons and is not under a doctor's care."

California 2022 COVID-19 Supplemental Paid Sick Leave Poster Now Available

"The California DLSE just released the required COVID-19 Supplemental Paid Sick Leave Poster which should be in all workplaces and emailed to remote workers."