Skip to main content

One to Keep An Eye On: Unpaid Leave (California)


As with many employment and labor law related cases (and bills) being litigated around the country, there are always a few that stand out.

This is one to keep an eye on.


Senate Bill 63 (often derided as a "job killer" bill) which would provide 12 weeks of unpaid maternity and paternity leave, is on its way to California Governor Jerry Brown's desk for signature.  

Currently, businesses in the state that employ at least 50 workers are required to provide unpaid maternity and paternity leave.  State Senator Hannah-Beth Jenkins introduced a bill last year which would have required business with at least 20 workers to provide 6 weeks of unpaid protected leave.  After that bill cleared the State Legislature, Governor Brown vetoed it.  Not to be undone, Senator Jenkins came back to the table with Senate Bill 63 (which as noted, doubled the required unpaid leave that would be required of employers).

Last Tuesday, the Assembly floor voted 51 - 15 in favor of passage of the bill.  Last Wednesday, the Senate voted 25 - 13 in favor of the bill.  At this time, Senate Bill 63 is on Governor Brown's desk awaiting his signature or veto.  I have yet to hear any rumblings in regard to what Governor Brown will do with this version of unpaid leave.  While I could certainly see him again vetoing this bill, now that he is in his fourth and final term as Governor, he might feel less restrained and prohibited to veto this version of unpaid leave.


A copy of Senate Bill 63 can be found here:  http://hr.cch.com/ELD/CalifSB63.pdf

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...
Post a Comment
Read more

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...
Post a Comment
Read more

New Jersey Governor Chris Christie Vetoes Minimum Wage Hike

A few months ago, readers might remember that I pointed out that the New Jersey Legislature had voted to approve a minimum wage hike in the state .  Under the approved legislation, the minimum wage rate would rise to $10.10/hour in the next year and at least $15/hour over the next five.  (The current minimum wage rate in the state is $8.38/hour).  In that article, I had noted that the bill was then going to go before Governor Chris Christie for his approval or veto. As I had suggested previously, I thought that the Governor would likely veto the bill based upon his prior actions and comments on similar legislation.  Well, a few days ago, Governor Christie did just that and vetoed the bill on the grounds that it "would trigger an escalation of wages that will make doing business in New Jersey unfathomable."  Pointing to the increase in hourly minimum wage rates, the Governor referred to the bill as a "really radical increase."  (It is interesting to c...
Post a Comment
Read more