HomeMy WebLinkAbout2014-07-08 - AGENDA REPORTS - STATE LEG AB1522-PAID SICK LV (4)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT:
Agenda Item: 4
CITY OF SANTA CLARITA
AGENDA REPORT
City Manager Approval:
Item to be presented by:
July 8, 2014
Matthew Levesque
STATE LEGISLATION: ASSEMBLY BILL 1522
City Manager's Office
RECOMMENDED ACTION
City Council adopt the recommendation of the City Council Legislative Subcommittee to oppose
Assembly Bill 1522 (Gonzalez) and transmit letters of opposition to Assembly Member
Gonzalez, Santa Clarita's state legislative delegation, appropriate legislative committees,
Governor Brown, and the League of California Cities.
BACKGROUND
Assembly Bill 1522 (AB 1522) was introduced by Assembly Member Lorena Gonzalez (D -San
Diego) on January 16, 2014. Under existing law, employers are not required to provide their
employees with paid sick leave. This bill would enact the Healthy Workplaces, Healthy Families
Act of 2014. The bill provides that an employee who, on or after July 1, 2015, works in
California for 30 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. 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.
If enacted, AB 1522 would substantially increase operating costs for both public and private
employers. Under the provisions of the legislation, the City of Santa Clarita would be required to
provide paid sick leave to an estimated 585 part-time seasonal employees. Providing this
additional benefit would place significant administrative and personnel costs on the City.
The League of California Cities has taken an oppose position on AB 1522.
AB 1522 passed in the California State Assembly on May 29, 2014, and is currently in the State
Senate.
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The City Council Legislative Subcommittee met on June 16, 2014, and recommends that the City
Council adopt an "Oppose" position for AB 1522.
ALTERNATNE ACTIONS
1. Adopt a "Support" position on AB 1522
2. Take no position on AB 1522
3. Refer AB 1522 back to the Legislative Subcommittee
4. Other direction as determined by the City Council
FISCAL IMPACT
No additional resources, beyond those contained within the adopted FY 14/15 City budget, are
required for implementation of the recommended action.
ATTACHMENTS
AB 1522, as amended June 15, 2014
9
AMENDED IN SENATE JUNE 15, 2014
AMENDED IN ASSEMBLY MAY 28, 2014
AMENDED IN ASSEMBLY MAY 23, 2014
AMENDED fN ASSEMBLY MARCH 28, 2014
AMENDED fN ASSEMBLY MARCH 13, 2014
CALIFORNIA LEGISLATURE -2013-14 REGULAR SESSION
ASSEMBLY BILL No. 1522
Introduced by Assembly Member Gonzalez
(Principal coauthor: Assembly Member Levine)
(Coauthors: Assembly Members Alejo, Ammiano, Bonta, Campos,
Dickinson, Roger Hernandez, Lowenthal, Rendon, Stone, Ting,
Wieckowski, and Williams)
(Coauthor: Senator Hueso)
January 16, 2014
An act to amend Section 226 of, and to add Article 1.5 (commencing
with Section 245) to Chapter 1 of Part 1 of Division 2 of, 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 for4 30 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
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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 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:
1 SECTION 1. The Legislature finds and declares the following:
2 (a) Nearly every worker in the State of California will at some
3 time during the year need some time off from work to take care
4 of his or her own health or the health of family members.
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1 (b) Many workers in California do not have any paid sick days,
2 or have an inadequate number of paid sick days, to care for their
3 own health or the health of family members.
4 (c) Low-income workers are significantly less likely to have
5 paid sick time than other workers.
6 (d) Providing workers time off to attend to their own health care
7 and the health care of family members will ensure a healthier and
8 more productive workforce in California.
9 (e) Paid sick days will have an enormously positive impact on
10 the public health of Californians by allowing sick workers paid
1 I time off to care for themselves when ill, thus lessening their
12 recovery time and reducing the likelihood of spreading illness to
13 other members of the workforce.
14 (f) Paid sick days will allow parents to provide personal care
15 for their sick children. Parental care ensures children's speedy
16 recovery, prevents more serious illnesses, and improves children's
17 overall mental and physical health.
18 (g) Providing paid sick days is affordable for employers and
19 good for business.
20 (h) Employers who provide paid sick days enjoy greater
21 employee retention and reduce the likelihood of employees coming
22 to work sick. Studies have shown that costs of decreased
23 productivity caused by sick workers exceed the costs of employee
24 absenteeism.
25 (i) Many adults have significant elder care responsibilities
26 requiring them to take time off from work or to work reduced
27 hours.
28 Q) Employees frequently lose their jobs or are disciplined for
29 taking sick days to care for sick family members or to recover
30 from their own illnesses.
31 (k) Workers whose jobs involve significant contact with the
32 public, such as service workers and restaurant workers, are very
33 unlikely to have paid sick days. Often, these workers have no
34 choice but to come to work when they are ill, thereby spreading
35 illness to coworkers and customers.
36 (1) Domestic violence and sexual assault affect many persons
37 without regard to age, race, national origin, sexual orientation, or
38 socioeconomic status.
39 (m) Domestic violence is a crime that has a devastating effect
40 on families, communities, and the workplace. It impacts
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1 productivity, effectiveness, absenteeism, and employee turnover
2 in the workplace. The National Crime Survey estimates that
3 175,000 days of work each year are missed due to domestic
4 violence.
5 (n) Survivors of domestic violence and sexual assault may be
6 vulnerable at work when trying to end an abusive relationship
7 because the workplace may be the only place where the perpetrator
8 knows to contact the victim. Studies show that up to one-half of
9 domestic violence victims experience job loss. Forty percent
10 reported on-the-job harassment. Nearly 50 percent of sexual assault
11 survivors lose their jobs or are forced to quit in the aftermath of
12 the assaults.
13 (o) Affording survivors of domestic violence and sexual assault
14 paid sick days is vital to their independence and recovery.
15 SEC. 2. In enacting this act, it is the intent of the Legislature
16 to do the following:
17 (a) Ensure that workers in California can address their own
18 health needs and the health needs of their families by requiring
19 employers to provide a minimum level of paid sick days including
20 time for family care.
21 (b) Decrease public and private health care costs in California
22 by enabling workers to seek early and routine medical care for
23 themselves and their family members and to address domestic
24 violence or sexual assault.
25 (c) Protect employees in California from losing their jobs while
26 they use sick days to care for themselves or their families.
27 (d) Provide economic security to employees in California who
28 take time off from work for reasons related to domestic violence
29 or sexual assault.
30 (e) Safeguard the welfare, health, safety, and prosperity of the
31 people of and visitors to California.
32 SEC. 3. Section 226 of the Labor Code is amended to read:
33 226. (a) An employer shall, semimonthly or at the time of each
34 payment of wages, furnish to each employee, either as a detachable
35 part of the check, draft, or voucher paying the employee's wages,
36 or separately if wages are paid by personal check or cash, an
37 accurate itemized statement in writing showing (1) gross wages
38 earned, (2) total hours worked by the employee, unless the
39 employee's compensation is solely based on a salary and the
40 employee is exempt from payment of overtime under subdivision
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1 (a) of Section 515 or an applicable order of the Industrial Welfare
2 Commission, (3) the number of piece -rate units earned and the
3 applicable piece rate if the employee is paid on a piece -rate basis,
4 (4) all deductions, provided that all deductions made on written
5 orders 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
7 the employee is paid, (7) the name of the employee and only the
8 last four digits of his or her social security number or an employee
9 identification number other than a social security number, (8) the
10 name and address of the legal entity that is the employer and, if
11 the employer is a farm labor contractor, as defined in subdivision
12 (b) of Section 1682, the name and address of the legal entity that
13 secured the services of the employer, (9) paid sick leave accrued
14 and used pursuant to Article 1.5 (commencing with Section 245),
15 and (10) all applicable hourly rates in effect during the pay period
16 and the corresponding number of hours worked at each hourly rate
17 by the employee and, beginning July 1, 2013, if the employer is a
18 temporary services employer as defined in Section 201.3, the rate
19 of pay and the total hours worked for each temporary services
20 assignment. The deductions made from payment of wages shall
21 be recorded in ink or other indelible form, properly dated, showing
22 the month, day, and year, and a copy of the statement and the
23 record of the deductions shall be kept on file by the employer for
24 at least three years at the place of employment or at a central
25 location within the State of California. For purposes of this
26 subdivision, "copy" includes a duplicate of the itemized statement
27 provided to an employee or a computer-generated record that
28 accurately shows all of the information required by this subdivision.
29 (b) An employer that is required by this code or a regulation
30 adopted pursuant to this code to keep the information required by
31 subdivision (a) shall afford current and former employees the right
32 to inspect or copy records pertaining to their employment, upon
33 reasonable request to the employer. The employer may take
34 reasonable steps to ensure the identity of a current or former
35 employee. If the employer provides copies of the records, the actual
36 cost of reproduction may be charged to the current or former
37 employee.
38 (c) An employer who receives a written or oral request to inspect
39 or copy records pursuant to subdivision (b) pertaining to a current
40 or former employee shall comply with the request as soon as
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I practicable, but no later than 21 calendar days from the date of the
2 request. A violation of this subdivision is an infraction.
3 Impossibility of performance, not caused by or a result of a
4 violation of law, shall be an affirmative defense for an employer
5 in any action alleging a violation of this subdivision. An employer
6 may designate the person to whom a request is made under this
7 subdivision.
8 (d) This section does not apply to an employer of a person
9 employed by the owner or occupant of a residential dwelling whose
10 duties are incidental to the ownership, maintenance, or use of the
11 dwelling, including the care and supervision of children, or whose
12 duties are personal and not in the course of the trade, business,
13 profession, or occupation of the owner or occupant.
14 (e) (1) An employee suffering injury as a result of a knowing
15 and intentional failure by an employer to comply with subdivision
16 (a) is entitled to recover the greater of all actual damages or fifty
17 dollars ($50) for the initial pay period in which a violation occurs
18 and one hundred dollars ($100) per employee for each violation
19 in a subsequent pay period, not to exceed an aggregate penalty of
20 four thousand dollars ($4,000), and is entitled to an award of costs
21 and reasonable attorney's fees.
22 (2) (A) An employee is deemed to suffer injury for purposes
23 of this subdivision if the employer fails to provide a wage
24 statement.
25 (B) An employee is deemed to suffer injury for purposes of this
26 subdivision if the employer fails to provide accurate and complete
27 information as required by any one or more of items (1) to (10),
28 inclusive, of subdivision (a) and the employee cannot promptly
29 and easily determine from the wage statement alone one or more
30 of the following:
31 (i) The amount of the gross wages or net wages paid to the
32 employee during the pay period or any of the other information
33 required to be provided on the itemized wage statement pursuant
34 to items (2) to (4), inclusive, (6), (9), and (10) of subdivision (a).
35 (ii) Which deductions the employer made from gross wages to
36 determine the net wages paid to the employee during the pay
37 period. Nothing in this subdivision alters the ability of the employer
38 to aggregate deductions consistent with the requirements of item
39 (4) of subdivision (a).
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1 (iii) The name and address of the employer and, if the employer
2 is a farm labor contractor, as defined in subdivision (b) of Section
3 1682, the name and address of the legal entity that secured the
4 services of the employer during the pay period.
5 (iv) The name of the employee and only the last four digits of
6 his or her social security number or an employee identification
7 number other than a social security number.
8 (C) For purposes of this paragraph, "promptly and easily
9 determine" means a reasonable person would be able to readily
10 ascertain the information without reference to other documents or
11 information.
12 (3) For purposes of this subdivision, a "knowing and intentional
13 failure" does not include an isolated and unintentional payroll error
14 due to a clerical or inadvertent mistake. In reviewing for
15 compliance with this section, the factfinder may consider as a
16 relevant factor whether the employer, prior to an alleged violation,
17 has adopted and is in compliance with a set of policies, procedures,
18 and practices that fully comply with this section.
19 (f) A failure by an employer to permit a current or former
20 employee to inspect or copy records within the time set forth in
21 subdivision (c) entitles the current or former employee or the Labor
22 Commissioner 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
25 legal entity that secured the services of the employer in the itemized
26 statement required by subdivision (a) shall not create any liability
27 on the part of that legal entity.
28 (h) An employee may also bring an action for injunctive relief
29 to ensure compliance with this section, and is entitled to an award
30 of costs and reasonable attorney's fees.
31 (i) This section does not apply to the state, to a city, county, city
32 and county, district, or to any other governmental entity, except
33 that if the state or a city, county, city and county, district, or other
34 governmental entity furnishes its employees with a check, draft,
35 or voucher paying the employee's wages, the state or a city, county,
36 city and county, district, or other governmental entity shall use no
37 more than the last four digits of the employee's social security
38 number or shall use an employee identification number other than
39 the social security number on the itemized statement provided with
40 the check, draft, or voucher.
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SEC. 4. Article 1.5 (commencing with Section 245) is added
to Chapter 1 of Part 1 of Division 2 of the Labor Code, to read:
Article 1.5. Paid Sick Days
245. (a) This article shall be known and may be cited as the
Healthy Workplaces, Healthy Families Act of 2014.
(b) The provisions of this article are in addition to and
independent ofany other rights, remedies, or procedures available
under any other law and do not diminish, alter, or negate any other
legal rights, remedies, or procedures available to an aggrieved
person.
245.5. As used in this article:
(a) "Employee" does not include the following:
(1) An employee covered by a valid collective bargaining
agreement if the agreement expressly provides for the wages, hours
of work, and working conditions of employees, and expressly
provides for paid sick days or a paid leave or paid time off policy
that permits the use of sick days for those employees, final and
binding arbitration of disputes concerning the application of its
paid sick days provisions, premium wage rates for all overtime
hours worked, and regular hourly rate of pay of not less than 30
percent more than the state minimum wage rate.
(2) An employee in the construction industry covered by a valid
collective bargaining agreement if the agreement expressly provides
for the wages, hours of work, and working conditions of
employees, premium wage rates for all overtime hours worked,
and regular hourly pay of not less than 30 percent more than the
state minimum wage rate, and the agreement either (A) was entered
into before January 1, 2015, or (B) expressly waives the
requirements of this article in clear and unambiguous terms. For
purposes of this subparagraph, "employee in the construction
industry" means an employee performing onsite work associated
with construction, including work involving alteration, demolition,
building, excavation, renovation, remodeling, maintenance,
improvement, repair work, and any other work as described by
Chapter 9 (commencing with Section 7000) of Division 3 of the
Business and Professions Code, and other similar or related
occupations or trades.
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1 (b) "Employer" means any person employing another under
2 any appointment or contract of hire and includes the state, political
3 subdivisions 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,
6 adopted, or foster child, stepchild, legal ward, or a child to whom
7 the employee stands in loco parentis. This definition of a child is
8 applicable regardless of age or dependency status.
9 (2) A biological, adoptive, or foster parent, stepparent, or legal
10 guardian of an employee or the employee's spouse or registered
11 domestic partner, or a person who stood in loco parentis when the
12 employee 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
19 paragraph (6) of subdivision (c) of Section 12945.2 of the
20 Government Code.
21 (e) "Paid sick days" means time that is compensated at the same
22 wage as the employee normally earns during regular work hours
23 and is provided by an employer to an employee for the purposes
24 described in Section 246.5.
25 246. (a) An employee who, on or after July 1, 2015, works in
26 California for -sewn 30 or more days in a calendar year is entitled
27 to paid sick days as specified in this section.
28 (b) (1) An employee shall accrue paid sick days at the rate of
29 not less than one hour per every 30 hours worked, beginning at
30 the commencement of employment or the operative date of this
31 article, whichever is later.
32 (2) An employee who is exempt from overtime requirements
33 as an administrative, executive, or professional employee under a
34 wage order of the Industrial Welfare Commission is deemed to
35 work 40 hours per workweek for the purposes of this section,
36 unless the employee's normal workweek is less than 40 hours, in
37 which case the employee shall accrue paid sick days based upon
38 that normal workweek.
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1 (c) An employee shall be entitled to use accrued paid sick days
2 beginning on the 90th calendar day of employment, after which
3 day the employee may use paid sick days as they are accrued.
4 (d) Accrued paid sick days shall carry over to the following
5 year of employment. However, an employer may limit an
6 employee's use of paid sick days to 24 hours or three days in each
7 calendar year of employment.
8 (e) An employer is not required to provide additional paid sick
9 days pursuant to this section if the employer has a paid leave policy
10 or paid time off policy and the employer makes available an
11 amount of leave that satisfies the accrual requirements of this
12 section and that may be used for the same purposes and under the
13 same conditions as specified in this section.
14 (f) (1) Except as specified in paragraph (2), an employer is not
15 required to provide compensation to an employee for accrued,
16 unused paid sick days upon termination, resignation, retirement,
17 or other separation from employment.
18 (2) If an employee separates from an employer and is rehired
19 by the employer within one year, previously accrued and unused
20 paid sick days shall be reinstated. The employee shall be entitled
21 to use those previously accrued and unused paid sick days and to
22 accrue additional paid sick days upon rehiring.
23 (g) An employer may lend paid sick days to an employee in
24 advance of accrual, at the employer's discretion and with proper
25 documentation.
26 246.5. (a) Upon the oral or written request of an employee,
27 an employer shall provide paid sick days for the following
28 purposes:
29 (1) Diagnosis, care, or treatment of an existing health condition
30 of, or preventive care for, an employee or an employee's family
31 member.
32 (2) For an employee who is a victim of domestic violence, sexual
33 assault, or stalking, the purposes described in subdivision (c) of
34 Section 230 and subdivision (a) of Section 230.1.
35 (b) An employer shall not require as a condition of using paid
36 sick days that the employee search for or find a replacement worker
37 to cover the days during which the employee uses paid sick days.
38 (c) (1) An employer shall not deny an employee the right to
39 use accrued sick days, discharge, threaten to discharge, demote,
40 suspend, or in any manner discriminate against an employee for
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1 using accrued sick days, attempting to exercise the right to use
2 accrued sick days, filing a complaint with the department or-"
3 eeart alleging a violation of this article, cooperating in an
4 investigation or prosecution of an alleged violation of this article,
5 or opposing any policy or practice or act that is prohibited by this
6 article.
7 (2) There shall be a rebuttable presumption of unlawful
8 retaliation if an employer denies an employee the right to use
9 accrued sick days, discharges, threatens to discharge, demotes,
10 suspends, or in any manner discriminates against an employee
I 1 within 30 days of any of the following:
12 (A) The filing of a complaint by the employee with the Labor
13 Commissioner or4n— -eo alleging a violation of this article.
14 (B) The cooperation of an employee with an investigation or
15 prosecution of an alleged violation of this article.
16 (C) Opposition by the employee to a policy, practice, or act that
17 is prohibited by this article.
18 247. (a) An employer shall give each employee written notice
19 of the requirements of this article in English, the languages set
20 forth in subdivision (b) of Section 1632 of the Civil Code, and any
21 other language spoken by at least 5 percent of the employees. The
22 Labor Commissioner shall create a written notice containing this
23 information and make it available to employers. The written notice
24 shall state the following:
25 (1) That an employee is entitled to accrue, request, and use paid
26 sick days.
27 (2) The amount of paid sick days provided for by this article.
28 (3) The terms of use of paid sick days.
29 (4) That retaliation or discrimination against an employee who
30 requests paid sick days or uses paid sick days, or both, is prohibited
31 and that an employee has the right under this article to file a
32 complaint or bring a civil action against an employer who retaliates
33 or discriminates against the employee.
34 (b) In each workplace of the employer, the employer shall
35 display a poster in a conspicuous place containing all the
36 information specified in subdivision (a). The Labor Commissioner
37 shall create a poster containing this information and make it
38 available to employers.
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1 (c) An employer who willfully violates the notice and posting
2 requirements ofthis section is subject to a civil penalty of not more
3 than one hundred dollars ($100) per each offense.
4 247.5. An employer shall keep for at least five years records
5 documenting the hours worked and paid sick days accrued and
6 used by an employee. An employer shall allow the Labor
7 Commissioner access to these records with appropriate notice and
8 at a mutually agreeable time to monitor compliance with this
9 article. An employer shall make these records available to an
10 employee pursuant to Section 226. If an employer does not
11 maintain adequate records pursuant to this section, it shall be
12 presumed that the employee is entitled to the maximum number
13 of hours accruable under this article, unless the employer can show
14 otherwise by clear and convincing evidence.
15 248. The Labor Commissioner shall coordinate implementation
16 and enforcement of this article and promulgate guidelines and
17 regulations for those purposes.
18 248.5. (a) The Labor Commissioner shall enforce this article,
19 including investigating an alleged violation, and ordering
20 appropriate temporary relief to mitigate the violation or to maintain
21 the status quo pending the completion of a full investigation or
22 hearing.
23 (b) If the Labor Commissioner, after a hearing that contains
24 adequate safeguards to ensure that the parties are afforded due
25 process, determines that a violation of this article has occurred, he
26 or she may order any appropriate relief, including reinstatement,
27 backpay, the payment of sick days unlawfully withheld, and the
28 payment of an additional sum in the form of an administrative
29 penalty to an employee or other person whose rights under this
30 article were violated. If paid sick days were unlawfully withheld,
31 the dollar amount of paid sick days withheld from the employee
32 multiplied by three, or two hundred fifty dollars ($250), whichever
33 amount is greater, shall be included in the administrative penalty.
34 In addition, if a violation of this article results in other harm to the
35 employee or person, such as discharge from employment, or
36 otherwise results in a violation of the rights of the employee or
37 person, the administrative penalty shall include a sum of fifty
38 dollars ($50) for each day or portion thereof that the violation
39 occurred or continued.
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1 (c) Where prompt compliance by an employer is not
2 forthcoming, the Labor Commissioner may take any appropriate
3 enforcement action to secure compliance, including the filing of
4 a civil action. In compensation to the state for the costs of
5 investigating and remedying the violation, the commissioner may
6 order the violating employer to pay to the state a sum of not more
7 than fifty dollars ($50) for each day or portion of a day a violation
8 occurs or continues for each employee or other person whose rights
9 under this article were violated. These funds shall be allocated to
10 the Labor Commissioner to offset the costs of implementing and
1 I enforcing this article.
12 (d) An employee or other person may report to the Labor
13 Commissioner a suspected violation of this article. The
14 commissioner shall encourage reporting pursuant to this
15 subdivision by keeping confidential, to the maximum extent
16 permitted by applicable law, the name and other identifying
17 information of the employee or person reporting the violation.
18 However, the commissioner may disclose that person's name and
19 identifying information as necessary to enforce this article or for
20 other appropriate purposes, upon the authorization of that person.
21 (e) The Labor Commissioner or the Attorney General may bring
22 a civil action in a court of competent jurisdiction against the
23 employer or other person violating this article and, upon prevailing,
24 shall be entitled to collect legal or equitable relief on behalfof the
25 aggrieved as may be appropriate to remedy the violation, including
26 reinstatement, backpay, the payment of sick days unlawfully
27 withheld, the payment of an additional sum as liquidated damages
28 in the amount of fifty dollars ($50) to each employee or person
29 whose rights under this article were violated for each day or portion
30 thereof that the violation occurred or continued, plus, if the
31 employer has unlawfully withheld paid sick days to an employee,
32 the dollar amount of paid sick days withheld from the employee
33 multiplied by three; or two hundred fifty dollars ($250), whichever
34 amount is greater; and reinstatement in employment or injunctive
35 relief; and further shall be awarded reasonable attorney's fees and
36 costs, provided, however, that any person or entity enforcing this
37 article on behalf of the public as provided for under applicable
38 state law shall, upon prevailing, be entitled only to equitable,
39 injunctive, or restitutionary relief, and reasonable attorney's fees
40 and costs.
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(f) In an administrative or civil action brought under this article,
the Labor Commissioner or court, as the case may be, shall award
interest on all amounts due and unpaid at the rate of interest
specified in subdivision (b) of Section 3289 of the Civil Code.
(g) The remedies, penalties, and procedures provided under this
article are cumulative.
249. (a) This article does not limit or affect any laws
guaranteeing the privacy of health information, or information
related to domestic violence or sexual assault, regarding an
employee or employee's family member. That information shall
be treated as confidential and shall not be disclosed to any person
except to the affected employee, or as required by law.
(b) This article shall not be construed to discourage or prohibit
an employer from the adoption or retention of a paid sick days
policy more generous than the one required herein.
(c) This article does not lessen the obligation of an employer to
comply with a contract, collective bargaining agreement,
employment benefit plan, or other agreement providing more
generous sick days to an employee than required herein.
(d) This article establishes minimum requirements pertaining
to paid sick days and does not preempt, limit, or otherwise affect
the applicability of any other law, regulation, requirement, policy,
or standard that provides for greater accrual or use by employees
of sick days, whether paid or unpaid, or that extends other
protections to an employee.
249.5. (a) A public authority established under Section 12301.6
of the Welfare and Institutions Code shall comply with this article
for individuals who perform domestic services comprising in-home
supportive services under Article 7 (commencing with Section
12300) of Chapter 3 of Part 3 of Division 9 of the Welfare and
Institutions Code.
(b) A public authority may satisfy this article by entering into
a collective bargaining agreement that provides an incremental
hourly wage adjustment in an amount sufficient to satisfy the
accrual requirements of Section 246.
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