Amended in Senate August 18, 2014

Amended in Senate June 15, 2014

Amended in Assembly May 28, 2014

Amended in Assembly May 23, 2014

Amended in Assembly March 28, 2014

Amended in Assembly March 13, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1522


Introduced by Assembly Member Gonzalez

(Principal coauthor: Assembly Member Levine)

(Coauthors: Assembly Members Alejo, Ammiano, Bonta, Campos, Dickinson, Roger Hernández, Lowenthal, Rendon, Stone, Ting, Wieckowski, and Williams)

begin delete(Coauthor: Senator Hueso)end deletebegin insert (Coauthors: Senators Corbett, Hueso, Leno, and Padilla)end insert

January 16, 2014


An act tobegin delete amend Section 226 of, and toend delete add Article 1.5 (commencing with Section 245) to Chapter 1 of Part 1 of Division 2begin delete of,end deletebegin insert ofend insert the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

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 30 or more daysbegin delete in a calendar yearend deletebegin insert within a year end insertbegin insertfrom the commencement of employmentend insert 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 90thbegin delete calendarend delete 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 eachbegin delete calendarend delete yearbegin insert of employmentend insert. 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 on behalf of the aggrieved, 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:

P2    1

SECTION 1.  

The Legislature finds and declares the following:

P3    1(a) Nearly every worker in the State of California will at some
2time during the year need some time off from work to take care
3of his or her own health or the health of family members.

4(b) Many workers in California do not have any paid sick days,
5or have an inadequate number of paid sick days, to care for their
6own health or the health of family members.

7(c) Low-income workers are significantly less likely to have
8paid sick time than other workers.

9(d) Providing workers time off to attend to their own health care
10and the health care of family members will ensure a healthier and
11more productive workforce in California.

12(e) Paid sick days will have an enormously positive impact on
13the public health of Californians by allowing sick workers paid
14time off to care for themselves when ill, thus lessening their
15recovery time and reducing the likelihood of spreading illness to
16other members of the workforce.

17(f) Paid sick days will allow parents to provide personal care
18for their sick children. Parental care ensures children’s speedy
19recovery, prevents more serious illnesses, and improves children’s
20overall mental and physical health.

21(g) Providing paid sick days is affordable for employers and
22good for business.

23(h) Employers who provide paid sick days enjoy greater
24employee retention and reduce the likelihood of employees coming
25to work sick. Studies have shown that costs of decreased
26productivity caused by sick workers exceed the costs of employee
27absenteeism.

28(i) Many adults have significant elder care responsibilities
29requiring them to take time off from work or to work reduced
30hours.

31(j) Employees frequently lose their jobs or are disciplined for
32taking sick days to care for sick family members or to recover
33from their own illnesses.

34(k) Workers whose jobs involve significant contact with the
35public, such as service workers and restaurant workers, are very
36unlikely to have paid sick days. Often, these workers have no
37choice but to come to work when they are ill, thereby spreading
38illness to coworkers and customers.

P4    1(l) Domestic violence and sexual assault affect many persons
2without regard to age, race, national origin, sexual orientation, or
3socioeconomic status.

4(m) Domestic violence is a crime that has a devastating effect
5on families, communities, and the workplace. It impacts
6productivity, effectiveness, absenteeism, and employee turnover
7in the workplace. The National Crime Survey estimates that
8175,000 days of work each year are missed due to domestic
9violence.

10(n) Survivors of domestic violence and sexual assault may be
11vulnerable at work when trying to end an abusive relationship
12because the workplace may be the only place where the perpetrator
13knows to contact the victim. Studies show that up to one-half of
14domestic violence victims experience job loss. Forty percent
15reported on-the-job harassment. Nearly 50 percent of sexual assault
16survivors lose their jobs or are forced to quit in the aftermath of
17the assaults.

18(o) Affording survivors of domestic violence and sexual assault
19paid sick days is vital to their independence and recovery.

20

SEC. 2.  

In enacting this act, it is the intent of the Legislature
21to do the following:

22(a) Ensure that workers in California can address their own
23health needs and the health needs of their families by requiring
24employers to provide a minimum level of paid sick days including
25time for family care.

26(b) Decrease public and private health care costs in California
27by enabling workers to seek early and routine medical care for
28themselves and their family members and to address domestic
29violence or sexual assault.

30(c) Protect employees in California from losing their jobs while
31they use sick days to care for themselves or their families.

32(d) Provide economic security to employees in California who
33take time off from work for reasons related to domestic violence
34or sexual assault.

35(e) Safeguard the welfare, health, safety, and prosperity of the
36people of and visitors to California.

begin delete
37

SEC. 3.  

Section 226 of the Labor Code is amended to read:

38

226.  

(a) An employer shall, semimonthly or at the time of each
39payment of wages, furnish to each employee, either as a detachable
40part of the check, draft, or voucher paying the employee’s wages,
P5    1or separately if wages are paid by personal check or cash, an
2accurate itemized statement in writing showing (1) gross wages
3earned, (2) total hours worked by the employee, unless the
4employee’s compensation is solely based on a salary and the
5employee is exempt from payment of overtime under subdivision
6(a) of Section 515 or an applicable order of the Industrial Welfare
7Commission, (3) the number of piece-rate units earned and the
8applicable piece rate if the employee is paid on a piece-rate basis,
9(4) all deductions, provided that all deductions made on written
10orders of the employee may be aggregated and shown as one item,
11(5) net wages earned, (6) the inclusive dates of the period for which
12the employee is paid, (7) the name of the employee and only the
13last four digits of his or her social security number or an employee
14identification number other than a social security number, (8) the
15name and address of the legal entity that is the employer and, if
16the employer is a farm labor contractor, as defined in subdivision
17(b) of Section 1682, the name and address of the legal entity that
18secured the services of the employer, (9) paid sick leave accrued
19and used pursuant to Article 1.5 (commencing with Section 245),
20and (10) all applicable hourly rates in effect during the pay period
21and the corresponding number of hours worked at each hourly rate
22by the employee and, beginning July 1, 2013, if the employer is a
23temporary services employer as defined in Section 201.3, the rate
24of pay and the total hours worked for each temporary services
25assignment. The deductions made from payment of wages shall
26be recorded in ink or other indelible form, properly dated, showing
27the month, day, and year, and a copy of the statement and the
28record of the deductions shall be kept on file by the employer for
29at least three years at the place of employment or at a central
30location within the State of California. For purposes of this
31subdivision, “copy” includes a duplicate of the itemized statement
32provided to an employee or a computer-generated record that
33accurately shows all of the information required by this subdivision.

34(b) An employer that is required by this code or a regulation
35adopted pursuant to this code to keep the information required by
36subdivision (a) shall afford current and former employees the right
37to inspect or copy records pertaining to their employment, upon
38reasonable request to the employer. The employer may take
39reasonable steps to ensure the identity of a current or former
40employee. If the employer provides copies of the records, the actual
P6    1cost of reproduction may be charged to the current or former
2employee.

3(c) An employer who receives a written or oral request to inspect
4or copy records pursuant to subdivision (b) pertaining to a current
5or former employee shall comply with the request as soon as
6practicable, but no later than 21 calendar days from the date of the
7request. A violation of this subdivision is an infraction.
8Impossibility of performance, not caused by or a result of a
9violation of law, shall be an affirmative defense for an employer
10in any action alleging a violation of this subdivision. An employer
11may designate the person to whom a request is made under this
12subdivision.

13(d) This section does not apply to an employer of a person
14employed by the owner or occupant of a residential dwelling whose
15duties are incidental to the ownership, maintenance, or use of the
16dwelling, including the care and supervision of children, or whose
17duties are personal and not in the course of the trade, business,
18profession, or occupation of the owner or occupant.

19(e) (1) An employee suffering injury as a result of a knowing
20and intentional failure by an employer to comply with subdivision
21(a) is entitled to recover the greater of all actual damages or fifty
22dollars ($50) for the initial pay period in which a violation occurs
23and one hundred dollars ($100) per employee for each violation
24in a subsequent pay period, not to exceed an aggregate penalty of
25four thousand dollars ($4,000), and is entitled to an award of costs
26and reasonable attorney’s fees.

27(2) (A) An employee is deemed to suffer injury for purposes
28of this subdivision if the employer fails to provide a wage
29statement.

30(B) An employee is deemed to suffer injury for purposes of this
31subdivision if the employer fails to provide accurate and complete
32information as required by any one or more of items (1) to (10),
33inclusive, of subdivision (a) and the employee cannot promptly
34and easily determine from the wage statement alone one or more
35of the following:

36(i) The amount of the gross wages or net wages paid to the
37employee during the pay period or any of the other information
38required to be provided on the itemized wage statement pursuant
39to items (2) to (4), inclusive, (6), (9), and (10) of subdivision (a).

P7    1(ii) Which deductions the employer made from gross wages to
2determine the net wages paid to the employee during the pay
3period. Nothing in this subdivision alters the ability of the employer
4to aggregate deductions consistent with the requirements of item
5(4) of subdivision (a).

6(iii) The name and address of the employer and, if the employer
7is a farm labor contractor, as defined in subdivision (b) of Section
81682, the name and address of the legal entity that secured the
9services of the employer during the pay period.

10(iv) The name of the employee and only the last four digits of
11his or her social security number or an employee identification
12number other than a social security number.

13(C) For purposes of this paragraph, “promptly and easily
14determine” means a reasonable person would be able to readily
15ascertain the information without reference to other documents or
16information.

17(3) For purposes of this subdivision, a “knowing and intentional
18failure” does not include an isolated and unintentional payroll error
19due to a clerical or inadvertent mistake. In reviewing for
20compliance with this section, the factfinder may consider as a
21relevant factor whether the employer, prior to an alleged violation,
22has adopted and is in compliance with a set of policies, procedures,
23and practices that fully comply with this section.

24(f) A failure by an employer to permit a current or former
25employee to inspect or copy records within the time set forth in
26subdivision (c) entitles the current or former employee or the Labor
27Commissioner to recover a penalty of seven hundred fifty dollars
28($750) from the employer.

29(g) The listing by an employer of the name and address of the
30legal entity that secured the services of the employer in the itemized
31statement required by subdivision (a) shall not create any liability
32on the part of that legal entity.

33(h) An employee may also bring an action for injunctive relief
34to ensure compliance with this section, and is entitled to an award
35of costs and reasonable attorney’s fees.

36(i) This section does not apply to the state, to a city, county, city
37and county, district, or to any other governmental entity, except
38that if the state or a city, county, city and county, district, or other
39governmental entity furnishes its employees with a check, draft,
40or voucher paying the employee’s wages, the state or a city, county,
P8    1city and county, district, or other governmental entity shall use no
2more than the last four digits of the employee’s social security
3number or shall use an employee identification number other than
4the social security number on the itemized statement provided with
5the check, draft, or voucher.

end delete
6

begin deleteSEC. 4.end delete
7begin insertSEC. 3.end insert  

Article 1.5 (commencing with Section 245) is added
8to Chapter 1 of Part 1 of Division 2 of the Labor Code, to read:

9 

10Article 1.5.  Paid Sick Days
11

 

12

245.  

(a) This article shall be known and may be cited as the
13Healthy Workplaces, Healthy Families Act of 2014.

14(b) The provisions of this article are in addition to and
15independent of any other rights, remedies, or procedures available
16under any other law and do not diminish, alter, or negate any other
17legal rights, remedies, or procedures available to an aggrieved
18person.

19

245.5.  

As used in this article:

20(a) “Employee” does not include the following:

21(1) An employee covered by a valid collective bargaining
22agreement if the agreement expressly provides for the wages, hours
23of work, and working conditions of employees, and expressly
24provides for paid sick days or a paid leave or paid time off policy
25that permits the use of sick days for those employees, final and
26binding arbitration of disputes concerning the application of its
27paid sick days provisions, premium wage rates for all overtime
28hours worked, and regular hourly rate of pay of not less than 30
29percent more than the state minimum wage rate.

30(2) An employee in the construction industry covered by a valid
31collective bargaining agreement if the agreement expressly provides
32for the wages, hours of work, and working conditions of
33employees, premium wage rates for all overtime hours worked,
34and regular hourly pay of not less than 30 percent more than the
35state minimum wage rate, and the agreement either (A) was entered
36into before January 1, 2015, or (B) expressly waives the
37requirements of this article in clear and unambiguous terms. For
38purposes of this subparagraph, “employee in the construction
39industry” means an employee performing onsite work associated
40with construction, including work involving alteration, demolition,
P9    1building, excavation, renovation, remodeling, maintenance,
2improvement, repair work, and any other work as described by
3Chapter 9 (commencing with Section 7000) of Division 3 of the
4Business and Professions Code, and other similar or related
5occupations or trades.

6(b) “Employer” means any person employing another under
7any appointment or contract of hire and includes the state, political
8subdivisions of the state, and municipalities.

9(c) “Family member” means any of the following:

10(1) A child, which for purposes of this article means a biological,
11adopted, or foster child, stepchild, legal ward, or a child to whom
12the employee stands in loco parentis. This definition of a child is
13applicable regardless of age or dependency status.

14(2) A biological, adoptive, or foster parent, stepparent, or legal
15guardian of an employee or the employee’s spouse or registered
16domestic partner, or a person who stood in loco parentis when the
17employee was a minor child.

18(3) A spouse.

19(4) A registered domestic partner.

20(5) A grandparent.

21(6) A grandchild.

22(7) A sibling.

23(d) “Health care provider” has the same meaning as defined in
24paragraph (6) of subdivision (c) of Section 12945.2 of the
25Government Code.

26(e) “Paid sick days” means time that is compensated at the same
27wage as the employee normally earns during regular work hours
28and is provided by an employer to an employee for the purposes
29described in Section 246.5.

30

246.  

(a) An employee who, on or after July 1, 2015, works in
31California for 30 or more daysbegin delete in a calendar yearend deletebegin insert within a year
32from the commencement of employmentend insert
is entitled to paid sick
33days as specified in this section.

34(b) (1) An employee shall accrue paid sick days at the rate of
35not less than one hour per every 30 hours worked, beginning at
36the commencement of employment or the operative date of this
37article, whichever is later.

38(2) An employee who is exempt from overtime requirements
39as an administrative, executive, or professional employee under a
40wage order of the Industrial Welfare Commission is deemed to
P10   1work 40 hours per workweek for the purposes of this section,
2unless the employee’s normal workweek is less than 40 hours, in
3 which case the employee shall accrue paid sick days based upon
4that normal workweek.

5(c) An employee shall be entitled to use accrued paid sick days
6beginning on the 90thbegin delete calendarend delete day of employment, after which
7day the employee may use paid sick days as they are accrued.

8(d) Accrued paid sick days shall carry over to the following
9year of employment. However, an employer may limit an
10employee’s use of paid sick days to 24 hours or three days in each
11begin delete calendarend delete year of employment.

12(e) An employer is not required to provide additional paid sick
13days pursuant to this section if the employer has a paid leave policy
14or paid time off policybegin delete andend deletebegin insert,end insert the employer makes available an
15amount of leave begin delete that satisfies the accrual requirements of this
16section andend delete
that may be used for the same purposes and under the
17same conditions as specified in thisbegin delete section.end deletebegin insert section, and the policy
18does either of the following:end insert

begin insert

19(1) Satisfies the accrual and use requirements of this section.

end insert
begin insert

20(2) Provides no less than 24 hours or three days of paid sick
21leave for employee use for each year of employment.

end insert

22(f) (1) Except as specified in paragraph (2), an employer is not
23required to provide compensation to an employee for accrued,
24unused paid sick days upon termination, resignation, retirement,
25or other separation from employment.

26(2) If an employee separates from an employer and is rehired
27by the employer within onebegin delete year,end deletebegin insert year from the date of separation,end insert
28 previously accrued and unused paid sick days shall be reinstated.
29The employee shall be entitled to use those previously accrued
30and unused paid sick days and to accrue additional paid sick days
31upon rehiring.

32(g) An employer may lend paid sick days to an employee in
33advance of accrual, at the employer’s discretion and with proper
34documentation.

begin insert

35(h) An employer shall provide an employee with written notice
36that sets forth the amount of paid sick leave available for use on
37either the employee’s itemized wage statement described in Section
38226 or in a separate writing provided on the designated pay date
39with the employee’s payment of wages. The penalties described in
P11   1this article for a violation of this subdivision shall be in lieu of the
2penalties described in Section 226.

end insert
begin insert

3(i) An employer has no obligation under this section to allow
4an employee’s total accrual of paid sick leave to exceed 48 hours
5or 6 days, provided that an employee’s rights to accrue and use
6paid sick leave under this section are not otherwise limited.

end insert
7

246.5.  

(a) Upon the oral or written request of an employee,
8an employer shall provide paid sick days for the following
9purposes:

10(1) Diagnosis, care, or treatment of an existing health condition
11of, or preventive care for, an employee or an employee’s family
12member.

13(2) For an employee who is a victim of domestic violence, sexual
14assault, or stalking, the purposes described in subdivision (c) of
15Section 230 and subdivision (a) of Section 230.1.

16(b) An employer shall not require as a condition of using paid
17sick days that the employee search for or find a replacement worker
18to cover the days during which the employee uses paid sick days.

19(c) (1) An employer shall not deny an employee the right to
20use accrued sick days, discharge, threaten to discharge, demote,
21suspend, or in any manner discriminate against an employee for
22using accrued sick days, attempting to exercise the right to use
23accrued sick days, filing a complaint with the department or
24alleging a violation of this article, cooperating in an investigation
25or prosecution of an alleged violation of this article, or opposing
26any policy or practice or act that is prohibited by this article.

27(2) There shall be a rebuttable presumption of unlawful
28retaliation if an employer denies an employee the right to use
29accrued sick days, discharges, threatens to discharge, demotes,
30suspends, or in any manner discriminates against an employee
31within 30 days of any of the following:

32(A) The filing of a complaint by the employee with the Labor
33Commissioner or alleging a violation of this article.

34(B) The cooperation of an employee with an investigation or
35prosecution of an alleged violation of this article.

36(C) Opposition by the employee to a policy, practice, or act that
37is prohibited by this article.

38

247.  

(a) An employer shall give each employee written notice
39of the requirements of this article in English, the languages set
40forth in subdivision (b) of Section 1632 of the Civil Code, and any
P12   1other language spoken by at least 5 percent of the employees. The
2Labor Commissioner shall create a written notice containing this
3information and make it available to employers. The written notice
4shall state the following:

5(1) That an employee is entitled to accrue, request, and use paid
6sick days.

7(2) The amount of paid sick days provided for by this article.

8(3) The terms of use of paid sick days.

9(4) That retaliation or discrimination against an employee who
10requests paid sick days or uses paid sick days, or both, is prohibited
11and that an employee has the right under this article to file a
12complaint or bring a civil action against an employer who retaliates
13or discriminates against the employee.

14(b) In each workplace of the employer, the employer shall
15display a poster in a conspicuous place containing all the
16information specified in subdivision (a). The Labor Commissioner
17shall create a poster containing this information and make it
18available to employers.

19(c) An employer who willfully violates the notice and posting
20requirements of this section is subject to a civil penalty of not more
21than one hundred dollars ($100) per each offense.

22

247.5.  

An employer shall keep for at leastbegin delete fiveend deletebegin insert threeend insert years
23records documenting the hours worked and paid sick days accrued
24and used by an employee. An employer shall allow the Labor
25Commissioner access to these records with appropriate notice and
26at a mutually agreeable time to monitor compliance with this
27article. An employer shall make these records available to an
28employeebegin delete pursuant toend deletebegin insert in the same manner as described inend insert Section
29226. If an employer does not maintain adequate records pursuant
30to this section, it shall be presumed that the employee is entitled
31to the maximum number of hours accruable under this article,
32unless the employer can show otherwise by clear and convincing
33evidence.

34

248.  

The Labor Commissioner shall coordinate implementation
35and enforcement of this article and promulgate guidelines and
36regulations for those purposes.

37

248.5.  

(a) The Labor Commissioner shall enforce this article,
38including investigating an alleged violation, and ordering
39appropriate temporary relief to mitigate the violation or to maintain
P13   1the status quo pending the completion of a full investigation or
2hearing.

3(b) If the Labor Commissioner, after a hearing that contains
4adequate safeguards to ensure that the parties are afforded due
5process, determines that a violation of this article has occurred, he
6or she may order any appropriate relief, including reinstatement,
7backpay, the payment of sick days unlawfully withheld, and the
8payment of an additional sum in the form of an administrative
9penalty to an employee or other person whose rights under this
10article were violated. If paid sick days were unlawfully withheld,
11the dollar amount of paid sick days withheld from the employee
12multiplied by three, or two hundred fifty dollars ($250), whichever
13amount is greater,begin insert but not to exceed four thousand dollars ($4,000),end insert
14 shall be included in the administrative penalty. In addition, if a
15violation of this article results in other harm to the employee or
16person, such as discharge from employment, or otherwise results
17in a violation of the rights of the employee or person, the
18administrative penalty shall include a sum of fifty dollars ($50)
19for each day or portion thereof that the violation occurred or
20begin delete continued.end deletebegin insert continued, not to exceed four thousand dollars ($4,000).end insert

21(c) Where prompt compliance by an employer is not
22forthcoming, the Labor Commissioner may take any appropriate
23enforcement action to secure compliance, including the filing of
24a civil action. In compensation to the state for the costs of
25investigating and remedying the violation, the commissioner may
26order the violating employer to pay to the state a sum of not more
27than fifty dollars ($50) for each day or portion of a day a violation
28occurs or continues for each employee or other person whose rights
29under this article were violated. These funds shall be allocated to
30the Labor Commissioner to offset the costs of implementing and
31enforcing this article.

32(d) An employee or other person may report to the Labor
33Commissioner a suspected violation of this article. The
34commissioner shall encourage reporting pursuant to this
35subdivision by keeping confidential, to the maximum extent
36permitted by applicable law, the name and other identifying
37information of the employee or person reporting the violation.
38However, the commissioner may disclose that person’s name and
39identifying information as necessary to enforce this article or for
40other appropriate purposes, upon the authorization of that person.

P14   1(e) The Labor Commissioner or the Attorney General may bring
2a civil action in a court of competent jurisdiction against the
3employer or other person violating this article and, upon prevailing,
4shall be entitled to collect legal or equitable relief on behalf of the
5aggrieved as may be appropriate to remedy the violation, including
6reinstatement, backpay, the payment of sick days unlawfully
7withheld, the payment of an additional sumbegin insert, not to exceed four
8thousand dollars ($4,000),end insert
as liquidated damages in the amount
9of fifty dollars ($50) to each employee or person whose rights
10under this article were violated for each day or portion thereof that
11the violation occurred or continued, plus, if the employer has
12unlawfully withheld paid sick days to an employee, the dollar
13amount of paid sick days withheld from the employee multiplied
14by three; or two hundred fifty dollars ($250), whichever amount
15is greater; and reinstatement in employment or injunctive relief;
16and further shall be awarded reasonable attorney’s fees and costs,
17provided, however, that any person or entity enforcing this article
18on behalf of the public as provided for under applicable state law
19shall, upon prevailing, be entitled only to equitable, injunctive, or
20restitutionary relief, and reasonable attorney’s fees and costs.

21(f) In an administrative or civil action brought under this article,
22the Labor Commissioner or court, as the case may be, shall award
23interest on all amounts due and unpaid at the rate of interest
24specified in subdivision (b) of Section 3289 of the Civil Code.

25(g) The remedies, penalties, and procedures provided under this
26article are cumulative.

27

249.  

(a) This article does not limit or affect any laws
28guaranteeing the privacy of health information, or information
29related to domestic violence or sexual assault, regarding an
30employee or employee’s family member. That information shall
31be treated as confidential and shall not be disclosed to any person
32except to the affected employee, or as required by law.

33(b) This article shall not be construed to discourage or prohibit
34an employer from the adoption or retention of a paid sick days
35policy more generous than the one required herein.

36(c) This article does not lessen the obligation of an employer to
37comply with a contract, collective bargaining agreement,
38employment benefit plan, or other agreement providing more
39generous sick days to an employee than required herein.

P15   1(d) This article establishes minimum requirements pertaining
2to paid sick days and does not preempt, limit, or otherwise affect
3the applicability of any other law, regulation, requirement, policy,
4or standard that provides for greater accrual or use by employees
5of sick days, whether paid or unpaid, or that extends other
6protections to an employee.

7

249.5.  

(a) A public authority established under Section 12301.6
8of the Welfare and Institutions Code shall comply with this article
9for individuals who perform domestic services comprising in-home
10supportive services under Article 7 (commencing with Section
1112300) of Chapter 3 of Part 3 of Division 9 of the Welfare and
12Institutions Code.

13(b) A public authority may satisfy this article by entering into
14a collective bargaining agreement that provides an incremental
15hourly wage adjustment in an amount sufficient to satisfy the
16accrual requirements of Section 246.



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