AB 1522, as amended, Gonzalez. Employment: paid sick days.
Existing law authorizes employers to provide their employees paid sick leave.
This bill would enact the Healthy Workplaces, Healthy Families Act of 2014 to provide that an employee who on or after July 1, 2015, works in California for
begin delete 7end delete or more days in a calendar year is entitled to paid sick days, to be accrued at a rate of no less than one hour for every 30 hours worked. An employee would be entitled to use accrued sick days beginning on the 90th calendar day of employment. The bill would authorize an employer to limit an employee’s use of paid sick days to 24 hours or 3 days in each calendar year. The bill would require an employer to provide paid
sick days, upon the request of the employee, for diagnosis, care, or treatment of health conditions of the employee or an employee’s family member, or for leave related to domestic violence, sexual assault, or stalking. The bill would prohibit an employer from discriminating or retaliating against an employee who requests paid sick days. The bill would require employers to satisfy specified posting and notice and recordkeeping requirements. The bill would define terms for those purposes and make conforming changes.
The bill would require the Labor Commissioner to administer and enforce these requirements, including the promulgation of regulations, and the investigation, mitigation, and relief of violations of these requirements. The bill would authorize the Labor Commissioner to impose specified administrative fines for violations and would authorize the commissioner or the Attorney General to recover specified civil penalties against an offender, as well as attorney’s fees, costs, and interest.
The bill would specify that it does not apply to employees covered by a collective bargaining agreement that provides for paid sick days, nor lessen any other obligations of the employer to employees. The bill would not apply to employees in the construction industry covered by a collective bargaining agreement if the agreement contains specified terms and was either entered into before January 1, 2015, or expressly waives the requirements of the bill in clear and unambiguous terms. The bill would apply to certain public authorities established to deliver in-home supportive services, except where a collective bargaining agreement provides for an incremental wage increase sufficient to satisfy the bill’s requirements for accrual of sick days.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares the following:
2(a) Nearly every worker in the State of California will at some
3time during the year need some time off from work to take care
4of his or her own health or the health of family members.
P3 1(b) Many workers in California do not have any paid sick days,
2or have an inadequate number of paid sick days, to care for their
3own health or the health of family members.
4(c) Low-income workers are significantly less likely to have
5paid sick time than other workers.
6(d) Providing workers time off to attend to their own health care
7and the health care of family members will ensure a healthier and
8more productive workforce in California.
9(e) Paid sick days will have an enormously positive impact on
10the public health of Californians by allowing sick workers paid
11time off to care for themselves when ill, thus lessening their
12recovery time and reducing the likelihood of spreading illness to
13other members of the workforce.
14(f) Paid sick days will allow parents to provide personal care
15for their sick children. Parental care ensures children’s speedy
16recovery, prevents more serious illnesses, and improves children’s
17overall mental and physical health.
18(g) Providing paid sick days is affordable for employers and
19good for business.
20(h) Employers who provide paid sick days enjoy greater
21employee retention and reduce the likelihood of employees coming
22to work sick. Studies have shown that costs of decreased
23productivity caused by sick workers exceed the costs of employee
25(i) Many adults have significant elder care responsibilities
26requiring them to take time off from work or to work reduced
28(j) Employees frequently lose their jobs or are disciplined for
29taking sick days to care for sick family members or to recover
30from their own illnesses.
31(k) Workers whose jobs
involve significant contact with the
32public, such as service workers and restaurant workers, are very
33unlikely to have paid sick days. Often, these workers have no
34choice but to come to work when they are ill, thereby spreading
35illness to coworkers and customers.
36(l) Domestic violence and sexual assault affect many persons
37without regard to age, race, national origin, sexual orientation, or
39(m) Domestic violence is a crime that has a devastating effect
40on families, communities, and the workplace. It impacts
P4 1productivity, effectiveness, absenteeism, and employee turnover
2in the workplace. The National Crime Survey estimates that
3175,000 days of work each year are missed due to domestic
5(n) Survivors of domestic violence and sexual assault may be
6vulnerable at work when trying to end an abusive relationship
7because the workplace may be the only place where the perpetrator
8knows to contact the victim. Studies show that up to one-half of
9domestic violence victims experience job loss. Forty percent
10reported on-the-job harassment. Nearly 50 percent of sexual assault
11survivors lose their jobs or are forced to quit in the aftermath of
13(o) Affording survivors of domestic violence and sexual assault
14paid sick days is vital to their independence and recovery.
In enacting this act, it is the intent of the Legislature
16to do the following:
17(a) Ensure that workers in California can address their own
18health needs and the health needs of their families by requiring
19employers to provide a minimum level of paid sick days including
20time for family care.
21(b) Decrease public and private health care costs in California
22by enabling workers to seek early and routine medical care for
23themselves and their family members and to address domestic
24violence or sexual assault.
25(c) Protect employees
in California from losing their jobs while
26they use sick days to care for themselves or their families.
27(d) Provide economic security to employees in California who
28take time off from work for reasons related to domestic violence
29or sexual assault.
30(e) Safeguard the welfare, health, safety, and prosperity of the
31people of and visitors to California.
Section 226 of the Labor Code is amended to read:
(a) An employer shall, semimonthly or at the time of each
34payment of wages, furnish to each employee, either as a detachable
35part of the check, draft, or voucher paying the employee’s wages,
36or separately if wages are paid by personal check or cash, an
37accurate itemized statement in writing showing (1) gross wages
38earned, (2) total hours worked by the employee, unless the
39employee’s compensation is solely based on a salary and the
40employee is exempt from payment of overtime under subdivision
P5 1(a) of Section 515 or an applicable order of the Industrial Welfare
2Commission, (3) the number of piece-rate units earned and the
3applicable piece rate if the employee is paid on a piece-rate basis,
4(4) all deductions, provided that all deductions made on written
5orders of the employee may be aggregated and shown as one item,
6(5) net wages earned, (6) the inclusive dates of the period for which
7the employee is paid, (7) the name of the employee and only the
8last four digits of his or her social security number or an employee
9identification number other than a social security number, (8) the
10name and address of the legal entity that is the employer and, if
11the employer is a farm labor contractor, as defined in subdivision
12(b) of Section 1682, the name and address of the legal entity that
13secured the services of the employer, (9) paid sick leave accrued
14and used pursuant to Article 1.5 (commencing with Section 245),
15and (10) all applicable hourly rates in effect during the pay period
16and the corresponding number of hours worked at each hourly rate
17by the employee and, beginning July 1, 2013, if the employer is a
18temporary services employer as defined in Section 201.3, the rate
19of pay and the total hours worked for each temporary services
20assignment. The deductions made from payment of wages shall
21be recorded in ink or other indelible form, properly dated, showing
22the month, day, and year, and a copy of the statement and the
23record of the deductions shall be kept on file by the employer for
24at least three years at the place of employment or at a central
25location within the State of California. For purposes of this
26subdivision, “copy” includes a duplicate of the itemized statement
27provided to an employee or a computer-generated record that
28accurately shows all of the information required by this subdivision.
29(b) An employer that is required by this code or a regulation
30adopted pursuant to this code to keep the information required by
31subdivision (a) shall afford current and former employees the right
32to inspect or copy records pertaining to their employment, upon
33reasonable request to the employer. The employer may take
34reasonable steps to ensure the identity of a current or former
35employee. If the employer provides copies of the records, the actual
36cost of reproduction may be charged to the current or former
38(c) An employer who receives a written or oral request to inspect
39or copy records pursuant to subdivision (b) pertaining to a current
40or former employee shall comply with the request as soon as
P6 1practicable, but no later than 21 calendar days from the date of the
2request. A violation of this subdivision is an infraction.
3Impossibility of performance, not caused by or a result of a
4violation of law, shall be an affirmative defense for an employer
5in any action alleging a violation of this subdivision. An employer
6may designate the person to whom a request is made under this
8(d) This section does not apply to an employer of a person
9employed by the owner or occupant of a residential dwelling whose
10duties are incidental to the ownership, maintenance, or use of the
11dwelling, including the care and supervision of children, or whose
12duties are personal and not in the course of the trade, business,
13profession, or occupation of the owner or occupant.
14(e) (1) An employee suffering injury as a result of a knowing
15and intentional failure by an employer to comply with subdivision
16(a) is entitled to recover the greater of all actual damages or fifty
17dollars ($50) for the initial pay period in which a violation occurs
18and one hundred dollars ($100) per employee for each violation
19in a subsequent pay period, not to exceed an aggregate penalty of
20four thousand dollars ($4,000), and is entitled to an award of costs
21and reasonable attorney’s fees.
22(2) (A) An employee is deemed to suffer injury for purposes
23of this subdivision if the employer fails to provide a wage
25(B) An employee is deemed to suffer injury for purposes of this
26subdivision if the employer fails to provide accurate and complete
27information as required by any one or more of items (1) to (10),
28inclusive, of subdivision (a) and the employee cannot promptly
29and easily determine from the wage statement alone one or more
30of the following:
31(i) The amount of the gross wages or net
wages paid to the
32employee during the pay period or any of the other information
33required to be provided on the itemized wage statement pursuant
34to items (2) to (4), inclusive, (6), (9), and (10) of subdivision (a).
35(ii) Which deductions the employer made from gross wages to
36determine the net wages paid to the employee during the pay
37period. Nothing in this subdivision alters the ability of the employer
38to aggregate deductions consistent with the requirements of item
39(4) of subdivision (a).
P7 1(iii) The name and address of the employer and, if the employer
2is a farm labor contractor, as defined in subdivision (b) of Section
31682, the name and address of the legal entity that secured the
4services of the employer during the pay period.
5(iv) The name of the employee and only the last four digits of
6his or her social security number or an employee identification
7number other than a social security number.
8(C) For purposes of this paragraph, “promptly and easily
9determine” means a reasonable person would be able to readily
10ascertain the information without reference to other documents or
12(3) For purposes of this subdivision, a “knowing and intentional
13failure” does not include an isolated and unintentional payroll error
14due to a clerical or inadvertent mistake. In reviewing for
15compliance with this section, the factfinder may consider as a
16relevant factor whether the employer, prior to an alleged violation,
17has adopted and is in compliance with a set of policies, procedures,
18and practices that fully comply with this section.
19(f) A failure by an employer to permit a current or former
20employee to inspect or copy records within the time set forth in
21subdivision (c) entitles the current or former employee or the Labor
22Commissioner to recover a penalty of seven hundred fifty dollars
23($750) from the employer.
24(g) The listing by an employer of the name and address of the
25legal entity that secured the services of the employer in the itemized
26statement required by subdivision (a) shall not create any liability
27on the part of that legal entity.
28(h) An employee may also bring an action for injunctive relief
29to ensure compliance with this section, and is entitled to an award
30of costs and reasonable attorney’s fees.
31(i) This section does not apply to the state, to a city, county, city
32and county, district, or to any other governmental entity, except
33that if the state or a city, county, city and county, district, or other
34governmental entity furnishes its employees with a check, draft,
35or voucher paying the employee’s wages, the state or a city, county,
36city and county, district, or other governmental entity shall use no
37more than the last four digits of the employee’s social security
38number or shall use an employee identification number other than
39the social security number on the itemized statement provided with
40the check, draft, or voucher.
Article 1.5 (commencing with Section 245) is added
2to Chapter 1 of Part 1 of Division 2 of the Labor Code, to read:
This article shall be known and may be cited as the
7Healthy Workplaces, Healthy Families Act of 2014.
As used in this article:
14(a) “Employee” does not include the following:
15(1) An employee covered by a valid collective bargaining
16agreement if the agreement expressly provides for the wages, hours
17of work, and working conditions of employees, and expressly
18provides for paid sick days or a paid leave or paid time off policy
19that permits the use of sick days for those employees, final and
20binding arbitration of disputes concerning the application of its
21paid sick days provisions, premium wage rates for all overtime
22hours worked, and regular hourly rate of pay of not less than 30
23percent more than the state minimum wage rate.
24(2) An employee in the construction industry covered by a valid
25collective bargaining agreement if the agreement expressly provides
26for the wages, hours of work, and working conditions of
27employees, premium wage rates for all overtime hours worked,
28and regular hourly pay of not less than 30 percent more than the
29state minimum wage rate, and the agreement either (A) was entered
30into before January 1, 2015, or (B) expressly waives the
31requirements of this article in clear and unambiguous terms. For
32purposes of this subparagraph, “employee in the construction
33industry” means an employee performing onsite work associated
34with construction, including work involving alteration, demolition,
35building, excavation, renovation, remodeling, maintenance,
36improvement, repair work, and any other work as described by
37Chapter 9 (commencing with Section 7000) of Division 3 of the
38Business and Professions Code, and other similar or related
39occupations or trades.
P9 1(b) “Employer” means any person employing another under
2any appointment or contract of hire and includes the state, political
3subdivisions of the state, and municipalities.
4(c) “Family member” means any of the following:
5(1) A child, which for purposes of this article means a biological,
6adopted, or foster child, stepchild, legal ward, or a child to whom
7the employee stands in loco parentis. This definition of a child is
8applicable regardless of age or dependency status.
9(2) A biological, adoptive, or foster parent, stepparent, or legal
10guardian of an employee or the employee’s spouse or registered
11domestic partner, or a person who stood in loco parentis when the
12employee was a minor child.
13(3) A spouse.
14(4) A registered domestic partner.
15(5) A grandparent.
16(6) A grandchild.
17(7) A sibling.
18(d) “Health care provider” has the same meaning as defined in
19paragraph (6) of subdivision (c) of Section 12945.2 of the
21(e) “Paid sick days” means time that is compensated at the same
22wage as the employee normally earns during regular work hours
23and is provided by an employer to an employee for the purposes
24described in Section 246.5.
(a) An employee who, on or after July 1, 2015, works in
begin delete sevenend delete or more days in a calendar year is entitled
27to paid sick days as specified in this section.
28(b) (1) An employee shall accrue paid sick days at the rate of
29not less than one hour per every 30 hours worked, beginning at
30the commencement of employment or the operative date of this
31article, whichever is later.
32(2) An employee who is exempt from
33as an administrative, executive, or professional employee under a
34wage order of the Industrial Welfare Commission is deemed to
35work 40 hours per workweek for the purposes of this section,
36unless the employee’s normal workweek is less than 40 hours, in
37 which case the employee shall accrue paid sick days based upon
38that normal workweek.
P10 1(c) An employee shall be entitled to use accrued paid sick days
2beginning on the 90th calendar day of employment, after which
3day the employee may use paid sick days as they are accrued.
4(d) Accrued paid sick days shall carry over to the following
5year of employment. However, an employer may limit an
6employee’s use of paid sick days to 24 hours or three days in each
7calendar year of employment.
8(e) An employer is not required to provide additional paid sick
9days pursuant to this section if the employer has a paid leave policy
10or paid time off policy and the employer makes available an
11amount of leave that satisfies the accrual requirements of this
12section and that may be used for the same purposes and under the
13same conditions as specified in this section.
14(f) (1) Except as specified in paragraph (2), an employer is not
15required to provide compensation to an employee for accrued,
16unused paid sick days upon termination, resignation, retirement,
17or other separation from employment.
18(2) If an employee separates from an employer and is rehired
19by the employer within one year, previously accrued and unused
20paid sick days shall be reinstated. The employee shall be entitled
21to use those previously accrued and unused paid sick days and to
22accrue additional paid sick days upon rehiring.
23(g) An employer may lend paid sick days
to an employee in
24advance of accrual, at the employer’s discretion and with proper
(a) Upon the oral or written request of an employee,
27an employer shall provide paid sick days for the following
29(1) Diagnosis, care, or treatment of an existing health condition
30of, or preventive care for, an employee or an employee’s family
32(2) For an employee who is a victim of domestic violence, sexual
33assault, or stalking, the purposes described in subdivision (c) of
34Section 230 and subdivision (a) of Section 230.1.
35(b) An employer shall not require as a condition of using paid
36sick days that the employee search for or find a replacement worker
37to cover the days during which the employee uses paid sick days.
38(c) (1) An employer shall not deny an employee the right to
39use sick days, discharge, threaten to discharge, demote,
40suspend, or in any manner discriminate against an employee for
P11 1using sick days, attempting to exercise the right to use
2 sick days, filing a complaint with the department or
begin delete in a alleging a violation of this article, cooperating in an
4investigation or prosecution of an alleged violation of this article,
5or opposing any policy or practice or act that is prohibited by this
7(2) There shall be a rebuttable presumption of unlawful
8retaliation if an employer denies an employee the right to use
9 sick days, discharges, threatens to discharge, demotes,
10suspends, or in any manner discriminates against an employee
11within 30 days of any of the following:
12(A) The filing of a complaint by the employee with the Labor
begin delete in a courtend delete alleging a violation of this article.
14(B) The cooperation of an employee with an investigation or
15prosecution of an alleged violation of this article.
16(C) Opposition by the employee to a policy, practice, or act that
17is prohibited by this article.
(a) An employer shall give each employee written notice
19of the requirements of this article in English, the languages set
20forth in subdivision (b) of Section 1632 of the Civil Code, and any
21other language spoken by at least 5 percent of the employees. The written notice
24shall state the following:
25(1) That an employee is entitled to accrue, request, and use paid
27(2) The amount of paid sick days provided for by this article.
29(4) That retaliation or discrimination against an employee who
30requests paid sick days or uses paid sick days, or both, is prohibited
31and that an employee has the right under this article to file a
32complaint or bring a civil action against an employer who retaliates
33or discriminates against the employee.
34(b) In each workplace of the employer, the employer shall
35display a poster in a conspicuous place containing all the
36information specified in subdivision (a). The Labor Commissioner
37shall create a poster containing this information and make it
38available to employers.
P12 1(c) An employer who
willfully violates the notice and posting
2requirements of this section is subject to a civil penalty of not more
3than one hundred dollars ($100) per each offense.
An employer shall keep for at least five years records
5documenting the hours worked and paid sick days accrued and
6used by an employee. An employer shall allow the Labor
7Commissioner access to these records with appropriate notice and
8at a mutually agreeable time to monitor compliance with this
9article. An employer shall make these records available to an
10employee pursuant to Section 226. If an employer does not
11maintain adequate records pursuant to this section, it shall be
12presumed that the employee is entitled to the maximum number
13of hours accruable under this article, unless the employer can show
14otherwise by clear and convincing evidence.
The Labor Commissioner shall coordinate implementation
16and enforcement of this article and promulgate guidelines and
17regulations for those purposes.
(a) The Labor Commissioner shall enforce this article,
19including investigating an alleged violation, and ordering
20appropriate temporary relief to mitigate the violation or to maintain
21the status quo pending the completion of a full investigation or
23(b) If the Labor Commissioner, after a hearing that contains
24adequate safeguards to ensure that the parties are afforded due
25process, determines that a violation of this article has occurred, he
26or she may order any appropriate relief, including reinstatement,
27backpay, the payment of sick days unlawfully withheld, and the
28payment of an additional sum in the form of an administrative
29penalty to an employee or other person whose rights under this
30article were violated. If paid sick days were unlawfully withheld,
31the dollar amount of paid sick days withheld from the employee
32multiplied by three, or two hundred fifty dollars ($250), whichever
33amount is greater, shall be included in the administrative penalty.
34In addition, if a violation of this article results in other harm to the
35employee or person, such as discharge from employment, or
36otherwise results in a violation of the rights of the employee or
37person, the administrative penalty shall include a sum of fifty
38dollars ($50) for each day or portion thereof that the violation
39occurred or continued.
P13 1(c) Where prompt compliance by an employer is not
2forthcoming, the Labor Commissioner may take any appropriate
3enforcement action to secure compliance, including the filing of
4a civil action. In compensation to the state for the costs of
5investigating and remedying the violation, the commissioner may
6order the violating employer to pay to the state a sum of not more
7than fifty dollars ($50) for each day or portion of a day a violation
8occurs or continues for each employee or other person whose rights
9under this article were violated. These funds shall be allocated to
10the Labor Commissioner to offset the costs of implementing and
11enforcing this article.
12(d) An employee or other person may report to the Labor
13Commissioner a suspected violation of this article. The
14commissioner shall encourage reporting pursuant to this
15subdivision by keeping confidential, to the maximum extent
16permitted by applicable law, the name and other identifying
17information of the employee or person reporting the violation.
18However, the commissioner may disclose that person’s name and
19identifying information as necessary to enforce this article or for
20other appropriate purposes, upon the authorization of that person.
21(e) The Labor Commissioner or the Attorney General may bring
22a civil action in a court of competent jurisdiction against the
23employer or other person violating this article and, upon prevailing,
24shall be entitled to legal or equitable relief as may be appropriate to remedy the violation, including
26reinstatement, backpay, the payment of sick days unlawfully
27withheld, the payment of an additional sum as liquidated damages
28in the amount of fifty dollars ($50) to each employee or person
29whose rights under this article were violated for each day or portion
30thereof that the violation occurred or continued, plus, if the
31employer has unlawfully withheld paid sick days to an employee,
32the dollar amount of paid sick days withheld from the employee
33multiplied by three; or two hundred fifty dollars ($250), whichever
34amount is greater; and reinstatement in employment or injunctive
35relief; and further shall be awarded reasonable attorney’s fees and
36costs, provided, however, that any person or entity enforcing this
37article on behalf of the public as provided for under applicable
38state law shall, upon prevailing, be entitled only to equitable,
39injunctive, or restitutionary relief, and reasonable attorney’s fees
P14 1(f) In an administrative or civil action brought under this article,
2the Labor Commissioner or court, as the case may be, shall award
3interest on all amounts due and unpaid at the rate of interest
4specified in subdivision (b) of Section 3289 of the Civil Code.
5(g) The remedies, penalties, and procedures provided under this
6article are cumulative.
(a) This article does not limit or affect any laws
8guaranteeing the privacy of health information, or information
9related to domestic violence or sexual assault, regarding an
10employee or employee’s family member. That information shall
11be treated as confidential and shall not be disclosed to any person
12except to the affected employee, or as required by law.
13(b) This article shall not be construed to discourage or prohibit
14an employer from the adoption or retention of a paid sick days
15policy more generous than the one required herein.
16(c) This article does not lessen the obligation of an employer to
17comply with a contract, collective bargaining agreement,
18employment benefit plan, or other agreement providing more
19generous sick days to an employee than required herein.
20(d) This article establishes minimum requirements pertaining
21to paid sick days and does not preempt, limit, or otherwise affect
22the applicability of any other law, regulation, requirement, policy,
23or standard that provides for greater accrual or use by employees
24of sick days, whether paid or unpaid, or that extends other
25protections to an employee.
(a) A public authority established under Section 12301.6
27of the Welfare and Institutions Code shall comply with this article
28for individuals who perform domestic services comprising in-home
29supportive services under Article 7 (commencing with Section
3012300) of Chapter 3 of Part 3 of Division 9 of the Welfare and
32(b) A public authority may satisfy this article by entering into
33a collective bargaining agreement that provides an incremental
34hourly wage adjustment in an amount sufficient to satisfy the
35accrual requirements of Section 246.