San Diego Makes Changes to City Paid Sick Leave Requirement

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The City of San Diego has finalized an implementing ordinance for the voter-approved paid sick leave and minimum wage ordinance that went into effect on July 11. The implementing ordinance will take effect on September 2.

Among other things, the implementing ordinance:

• Designates an enforcement office and an enforcement official;

• Establishes a system to receive and adjudicate complaints and to order relief to cases of violations;

• Amends the remedy for violations; and

• Amends and clarifies language in the existing paid sick leave and minimum wage ordinance that became effective July 11, 2016.

SanDiegoThe implementing ordinance makes several significant changes to San Diego’s current paid sick leave requirement. Beginning September 2, the implementing ordinance 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.

• Clarify language regarding the award of sick leave to be more consistent with the statewide paid sick leave law.

Once the implementing ordinance becomes effective, the required sick leave posting will also be updated.

The California Chamber of Commerce San Diego City Labor Laws poster is available for pre-order at the CalChamber Store or by calling (800) 331-8877.

More information on San Diego’s minimum wage and paid sick leave ordinance is available at the city’s Minimum Wage Program website.

Staff Contact: Gail Cecchettini Whaley

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Gail Cecchettini Whaley
About Gail Cecchettini Whaley
Gail Cecchettini Whaley, employment law counsel/content, joined the CalChamber in June 2011 with nearly 20 years of practice in employment law. Since joining the CalChamber staff, Whaley has been chief author of the popular HRWatchdog blog and HRCalifornia Extra e-newsletter. She is a contributor and editor for CalChamber’s various human resources compliance products, including the HRCalifornia website, and serves as a content expert. She earned a B.A. with high honors from the University of California, Berkeley, and a J.D. from the University of Southern California.