Effective July 11, 2016, employers in the City of San Diego are required to pay employees a higher minimum wage rate and provide their employees with up to 40 hours of paid sick leave per year.
Minimum Wage
Under San Diego’s newly approved Earned Sick Leave and
Minimum Wage Ordinance, the current minimum wage rate is $10.50 per hour. San Diego’s minimum wage will increase to $11.50 per hour effective January 1, 2017. San Diego’s minimum wage rate will stay ahead of the California State minimum wage rate. The California State minimum wage rate is $10.00 per hour, which will increase to $10.50 for large employers (26 or more employees) on January 1, 2017.
Paid Sick Leave
San Diego’s new paid sick leave benefit is greater that California’s mandatory paid sick leave. San Diego employees that work within San Diego City limits can accrue one hour of paid sick leave for every 30 hours worked, up to forty hours (one week) per benefit year. In comparison, California law requires giving employees one hour of paid sick leave for every 30 hours worked, up to 24 hours (3 days) per benefit year.
Permitted Paid Sick Leave Uses
An employee may use sick leave for:
- The employee’s own illness, injury or a medical condition, including preventive care
- To care for or assist a family member with illness, injury or a medical condition
- To obtain services related to domestic violence, sexual assault, or stalking of the employee or a family member
- The employee’s place of business or child’s school or care provider is closed due to a public health emergency
Employers’ Existing Leave Policies
An employer is not required to provide additional leave if its policy provides paid time off in an amount and manner that meets the Earned Sick Leave requirements of the Ordinance.
Notice, Posting and Recordkeeping
Covered employers must post the City’s Earned Sick Leave and Minimum Wage notice in the workplace or at the job site in English and any other language spoken by at least 5% of the employees. Employers must also provide each employee with written or electronic notice of the employer’s name, address, telephone number, and the employer’s requirements under the law. Employers must maintain records of wages earned and accrued and use of sick leave for at least three years.
Penalties and Enforcement
An employer that violates any requirement of the law is subject to steep penalties. In addition, individuals whose rights have been violated may file a complaint with the City or file a private action against the employer.
Order the bilingual San Diego Minimum Wage and Earned Sick Leave Poster today!