Labor & Employment Law Blog

The California Department of Industrial Relations (“DIR”) is reminding employers in the state that they are required to notify workers about the new law that mandates paid sick leave. [Notice to Employers]

The DIR notice reminds employers that all employers were required to post a notice about the new law in a conspicuous place at the work site by January 1, 2015.

Employers were also required to provide most of their employees with individual notices about the law, and those notices should have been included as an attachment or a supplement to the paycheck that came after the law went into effect, on July 1, 2015.  The DIR notice provides that employees who fall into the following categories were not required to receive individual notification:

• Employees directly employed by the state, city, county, or special district;
• Employees exempt from overtime or the Industrial Welfare Commission Wage Orders;
• Employees covered by valid collective bargaining agreements.

The DIR notice provides that these required notices could have also been handed to employees as a separate communication or mailed to their homes.  The Labor Commissioner website provides a notice template in English, Spanish and Vietnamese.  Employers should also remember to add these notice to their new hire packets.

The DIR notice reminds employers that employees must also be notified by posting the sick leave law poster in the workplace, even if the employer already had a sick leave policy in place, and even if that policy exceeds the state standards.

Although this reminder may be considered by some to be too-little-too-late, if an employer has not come in to compliance with the requirements above, or other aspects of the law, a better-late-than-never-approach may serve to cut off liability for non-compliance going forward.  For more information on the paid sick leave law, please see our past entries, or contact the labor and employment attorney with whom you usually consult.