Skip to main content

New Laws for 2021: SB 95 (California)

 

Last Thursday, the California Legislature approved SB 95 which will provide employees in the state with additional paid sick leave benefits to combat the financial impact of the coronavirus.  A day later, California Governor Gavin Newsom signed the legislation into law.

When the Families First Coronavirus Response Act expired at the end of 2020, the only employees in California that were able to take supplemental sick leave were those employees that worked in jurisdictions that had implemented their own paid sick leave ordinances.  SB 95 will provide paid sick leave for any employee in the state that is unable to work or telework for an employer due to reasons related to the coronavirus.  However, SB 95 will only apply to employers that have more than 25 employees.

Of note, SB 95 also provides supplemental sick leave employees to obtain a vaccine or to those that are experiencing symptoms from a vaccine that prevent them from working or teleworking.

Perhaps one of the more important parts of SB 95 is to keep in mind that it applies retroactively back to January 1, 2021.  As a result, employers are required to compensate any employee who took unpaid time off prior to the passage of SB 95, as long as the time off was used for one of the purposes specified in the legislation.


For additional information:  https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB95

Comments

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,...

Utah Non-Compete Bill Falters in House

Last month, a non-compete bill sponsored by Representative Brian Greene (Republican from Pleasant Grove) & up for vote in the Utah House failed to make it through the Legislature.  The bill sought to ban enforcement of non-competes if they came after a worker was already employed, given no compensation (such as a bonus or promotion) for signing the non-compete, and laid off within six months.  However, by a 22 - 49 vote, the bill was resoundingly defeated after some business groups lobbied to kill the non-compete bill.  One group in particular, The Free Enterprise Utah coalition, argued that the Utah State Legislature should hold off on any changes to non compete laws in the state until a survey about non competes was done among Utah businesses.  Representative Greene had countered this claim and argued that a survey was not needed to show that the current non compete laws in the states allowed many businesses, including some small high tech companies i...

What I've Been Reading This Week

Recently, Equal Employment Opportunity Commission Commissioner, Chai Feldblum, had her re-nomination on the brink, after Utah Republican Senator Mike Lee took steps to block it .  Readers might have heard that late last week, Commissioner Feldblum's re-nomination quietly slipped away and she tweeted out a thank you to supporters and friends, acknowledging that her time at the EEOC was over.  While there has not been much in the way of a further update in regard to that ongoing saga, we wait to see how things will play out at the EEOC, now that it has lost a quorum until additional Commissioners are confirmed by the Senate. For the time being, there are other developments for readers to review this week.  In particular, I call attention to the article on managing a wage & hour audit by the Department of Labor as well as steps an employer can take to better ensure compliance with the ADA. As always, below are a couple articles that caught my eye this week. ...