©2024 Seyfarth Shaw LLP www.seyfarth.com 2024 Cal-Peculiarities | 51 129 Lab. Code § 246(l)(2). 130 Lab. Code § 246(l)(1). 131 Lab. Code § 246(l)(1) & (2). 132 http://dir.ca.gov/dlse/opinions/2016-10-11.pdf (last visited Mar. 20, 2024). The DLSE letter opines that Labor Code § 246(l) (3) did not apply to commissioned employees under the commissioned employee exemption or outside sales exemption, but only to the “white collar” exemptions: administrative, professional and executive. For commissioned employees, employers must choose between Labor Code §§ 246(l)(1) and (2). 133 Lab. Code § 246(g)(1), (2). 134 Lab. Code § 246(g)(2). 135 Lab. Code § 247(a). 136 Lab. Code § 2810.5(a)(1)(H). 137 Lab. Code § 246(i). 138 Lab. Code § 247.5. 139 Lab. Code § 245.5(a)(1). 140 Lab. Code § 246.5d). 141 Lab. Code § 246(r). 142 Lab. Code § 248.5(b)(1) (as enacted in 2014)provided: “If the Labor Commissioner, after a hearing that contains adequate safeguards to ensure the parties due process, determines that a violation of this article has occurred, he or she may order any appropriate relief, including reinstatement, backpay, the payment of sick days unlawfully withheld, and the payment of an additional sum in the form of an administrative penalty to an employee or other person whose rights under this article were violated.” Amendments enacted as urgency legislation in September 2020 dropped the reference to a hearing with adequate due process safeguards and emphasized the Labor Commissioner’s power to issue citations. See Lab. Code § 248.5(a) (as amended by AB 1867, effective Sept. 9, 2020) (“The Labor Commissioner shall enforce this article, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate the violation or to maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Sections 98, 98.3, 98.7, 98.74, or 1197.1, including by issuance of a citation against an employer who violates this article, and by filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as appropriate.”). Although the amendment was part of urgency legislation creating supplemental paid sick leave for Covid-related reasons, the amendment deleting the due process reference from section 248.5(b)(1) now applies to California’s general paid sick leave law. 143 Lab. Code § 248.5(b)(1). 144 Lab. Code §§ 248.5(b)(1)(3) (administrative penalties for unpaid sick leave versus other violations); 248.5(c) ($50 per day penalty where no prompt compliance by employer, not to exceed $4000 aggregate). 145 https://www.who.int/news/item/05-05-2023-statement-on-the-fifteenth-meeting-of-the-international-health-regulations-(2005)-emergencycommittee-regarding-the-coronavirus-disease-(covid-19)-pandemic (last visited Mar. 20, 2024). 146 https://www.hhs.gov/coronavirus/covid-19-public-health-emergency/index.html (last visited Mar. 20, 2024). 147 San Francisco Administrative Code, Ch. 12W, https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_admin/0-0-0-8843 (last visited Mar. 20, 2024). 148 Rules Implementing Paid Sick Leave Ordinance (June 7, 2018), City and County of San Francisco Office of Labor Standards Enforcement, https://sfgov.org/olse/sites/default/files/Document/PSLO%20Final%20Rules%2005%2007%202018%20to%20post.pdf (last visited Mar. 20, 2024). 149 Id. Rule 10. 150 Id. Rule 6. 151 Id. Rule 5. 152 Id. Rule 5.4. The pay rate would still need to be at least as high as the rates in Lab. Code §246(l)(1)-(3), unless the collective bargaining agreement exemption applies under Lab. Code § 245.5(2). 153 Id. Rule 4. 154 https://sfgov.legistar.com/View.ashx?M=F&ID=8897590&GUID=ACE5835E-CDB4-425C-AC2D-5B1C0EECEBB2 (reenacting through expiration date of Feb. 11, 2021) (last visited Mar. 20, 2024). 155 https://sfgov.org/olse/public-health-emergency-leave-ordinance (last visited Mar. 20, 2024). 156 Proposition G, effective October 1, 2022. http://files.amlegal.com/pdffiles/sanfran/2022-06-07-PropG.pdf (last visited Mar. 20, 2024). 157 https://sf.gov/news/san-francisco-end-covid-19-public-health-emergency-declaration-and-health-orders (last visited Mar. 20, 2024). 158 Proposition G, effective October 1, 2022. http://files.amlegal.com/pdffiles/sanfran/2022-06-07-PropG.pdf (last visited Mar. 20, 2024). 159 Berkeley Municipal Code §§ 13.100.010 through 13.100.120, https://berkeley.municipal.codes/BMC/13.100 (last visited Mar. 20, 2024). See also Frequently Asked Questions (FAQs), available at https://solomonpage.com/wp-content/uploads/Berkeley-Paid-Sick-LeaveOrdinance.pdf (last visited Mar. 6, 2023).
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