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welcome to today's program titled guidance on state and local paid sick leave laws part 8 spotlighting new mexico and west hollywood california at this time all participants are in a listen only mode for those of you who are logged in to the web presentation you are encouraged to submit questions throughout the conference by typing them into the q a box on the right hand side of your screen for those interested in obtaining cle credit for this webinar an attendance verification code will be read during the presentation that will be required on the cle attendance affirmation form please write this code down as it will not be reread and it is required for cle credit copies of the webinar recording and materials along with the cle attendance form will be distributed to attendees in the days following the webinar on the next slide you will see a legal disclaimer at this time i would like to turn it over to our first speaker for today's program josh seidman josh please go ahead thank you kate hi everyone good morning good afternoon uh welcome to part eight of our paid sickly webinar series so happy to be here with you today uh we have a really great presentation for you uh we're going to be emphasizing two of the newest paid sick leave and and pto laws that have come out in the country over the last handful of months both of which go into effect later this week so lots of important updates for you uh lots of nuances with both of those laws so we're happy to bring these developments to you during the presentation today joining me are three of our core leaf of absence and accommodations counseling team members marlon durrow bernie olshansky and renata walker i'm josh seidman the four of us are all again so happy to be here with you today and we have a jam-packed agenda so let's jump right in and show you what we have in store for you on this slide you'll see our agenda we're gonna get started with a nationwide general paid sick leave overview talk about what the landscape looks like today as we head into the midpoint of 2022 we'll also then spend some time talking about covid paid leave and what that landscape looks like as you'll hear even though covet 19 is not as pressing of a matter in terms of paid leave as it was this time in 2021 or this time in 2020 there are still a number of covet paid leave mandates coveted paid leave guidance that is out there impacting employers in a number of states and localities so renato will bring you that update in just a few minutes well then turn our attention to the first of the two laws that are going into effect later this week and that is the new mexico healthy workplaces act marlon will give us the important overview and updates on that mandate including recent developments in terms of final regulations as well as faq and other administrative guidance we'll then turn it over to bernie to talk about the west hollywood california compensated time off mandate both new mexico and west hollywood's mandates are quite complex as you will hear from those two speakers so definitely buckle up for those sections uh as a sort of surprise add-on for for this webinar earlier this month bloomington minnesota pass and earned sick and safe leave law and we've been able to put together some nice materials on this standard and are able to bring a summary of this newest enacted k-stick we've brought to you towards the tail end of today's presentation and then finally we're going to wrap things up today with a very a quick overview of where we think paid sick leave and pto laws are heading into the second half of 2022 and into 2023. uh as a reminder and as i said a minute ago today is part eight of our webinar series uh we've covered seven parts as sort of makes sense over the last uh year and a half uh part one of our webinar series focused on new york state and local paid sick and safe time laws part two included an update on new york but also focuses on colorado and maine's specific laws uh parts three and seven were a year apart and focused on covet 19 paid leave developments we also had coverages of nationwide compliance options navigating the patchwork of paid sick leave laws and what some of those options look like for employers with multi-state nationwide operations and we also took a deep look at prospects for federal paid lead all of those recordings are available the slide decks are available so if you have any interest in looking back at those presentations please do reach out to us we're happy to provide them all right next slide please let's jump into our nationwide overview one more slide please so uh this slide is always fun for me to talk about during these presentations because it helps take a messy patchwork and a landscape that is quite volatile and in flux and throw it into a single you know snapshot of what things look like we have a total as of this month just last week when we were putting all this material together for you 66 total paid sick leave and pto laws around the country uh now that number amazingly enough if you rewind seven eight years there were single digits for paid sick leave laws around the country you fast forward to today and because of the growth in this space especially the last two years with the coveted paid leave laws we've been ebbing and flowing in the low to mid to high 60s really since the tail end of 2020 and as you can see on the bottom of that leftmost column this number of total mandates in the us was in the very high 60s 69 or so mandates at the end of 2020 but this number is constantly changing as i said a minute ago and if you also think about the numbers and how they add up that the amount of mandates in the right-most columns the federal the state and the municipal columns don't add up to 66 total mandates and the answer and the reason for why that is is because many jurisdictions have multiple paid sick leave laws so we'll talk about that in just a minute but to sort of round this out for you firstly at the federal level we still have executive order 13706 which provides paid sick leave to certain employees of certain federal contractors and subcontractors it's been around since the obama era um the family's first coronavirus response act gets a shout out or an honorable mention but that has ended as of uh really the end of 2020 and then also benefits for reimbursement are no longer available as of september of last year but again because it was a federal mandate that impacted paid sick leave albeit for only certain employers certain reasons related to covid i guess a shout out here at the state level you can see almost 40 percent of the states around our in our country currently have a statewide paid sick leave mandate that is a huge number uh and and again worth looking at you can see some are paid sick leave a few are pto specifically in maine and nevada again we'll be focusing on new mexico in just a few minutes and then at the municipal level tons of major cities san francisco seattle new york city chicago philadelphia pittsburgh minneapolis among among others a number of counties as well allegheny county and pennsylvania montgomery county in maryland bernalillo county in new mexico and a few others that have these type of mandates um so again this is a nice snapshot for you and there are locations like i said a minute ago that have multiple of these type of laws so just because you see a location listed once here does not mean that it only has one mandate uh for example california has multiple mandates it has a general paid sick leave law a supplemental covered paid sick leave all that is reenacted a few months ago and even a cal osha payment requirement for certain coveted related workplace exclusions so california gets counted three times when you're factoring in the number of total mandates for example a couple of final points before we move off of this slide uh firstly there are uh a different a number of different types of mandates that make up uh this the the the total count on this slide and that is in terms of non-coveted laws there are paid sick leave laws paid safe and sick leave laws paid safe leave only laws public health emergency mandates and paid time off personal leave laws so just give you a sense of of what we're looking at and what goes into this head count and then finally austin san antonio dallas those are highlighted in red because none of those mandates are in effect they're either temporarily or permanently enjoined as part of litigations you know met multiple litigations impacting those mandates so as you'll see on the next slide uh this is a resource that we've rolled out back in the beginning of 2021 and we're actually in the process of updating this map we'll be bringing you the next iteration of this uh tail end of of this year um so so stay tuned for this resource it's one of my favorites that we've rolled out for for clients in the public is an interactive map that shows you where paid sick leave mandate started and how complicated and messy the patchwork has gotten because of covid because of paid time off laws because of things called anti-paid sick leave laws and the like there's a link at the bottom of this slide for you if you want to take a look and have a walk down memory lane with respect to paid sick leave in our country and uh we'll turn it now over to renata on the next slide to give you a quick update on the kovid paid leave landscape that is currently in place thank you josh so give a little background on the covid 19 paid leave space there have been five different types of leave laws that have been impacted by colgan 19 developments those include paid sick and safe time laws there are at least 40 locations of developments there and we will talk mostly about those today paid time off laws for example the state of nevada issued guidance addressing government mandated quarantines and the impact of those on paid time off paid family and medical leave laws for example there have been expansions in both new york and new jersey state disability insurance laws as well as unpaid family and medical leave laws next slide please so today we will focus on paid sick leave and paid time off laws with code 19 developments in this category there are four subgroups which we have color coded for you this will provide a visual representation with the different types of laws and we will talk about you know where we've come from 2020 where we are today and where we can maybe expect to be moving forward so group one is our orange group this represents new mandates that require employers to provide paid leave for coping 19 related reasons other than vaccines and so this could be things like covid19 temporary supplemental paid sick leave mandate such as what we have in california philadelphia pittsburgh covered 19 emergency paid leave mandates with no defined sunset dates that are tied to coven 19 such as what's going on in new york general public health emergency leave mandates such as the one in colorado which is still in effect then we have group two which is our blue group this represents new mandates that require employers to provide paid leave for covid19 vaccine related reasons this could include vaccines for both employees and or family members receiving coven 19 vaccines group 3 represents amendments to existing general or non-coded 19 paid leave laws and regulations addressing coping 19. uh group four is our purple group and this is the general cova 19 lead law non-binding i'm sorry general non-coded 19 leave law non-binding guidance regarding the applicability of these existing laws in light of the coven 19 pandemic it is also worth noting that there are some locations that have passed anti-retaliation mandates and those mandates protect employees who are absent from work due to over 19 related reasons from employment actions such as discipline or termination these are different than paid leave mandates and so we're not specifically going to cover those today next slide please so looking back at where we were in 2020 at the end of 2020 there were 34 locations that had been impacted in some way by covid19 paid sick leave developments and at that point none of the developments that had gone into effect had sunsets so everything was still in effect you may notice on this slide that there is no blue text as you recall the blue group was our coven 19 vaccine paid leave so there were no coven 19 vaccine paid leave laws in effect at the end of 2020 of course vaccines were not readily available at that time moving on to the next slide we'll um kind of fast forward to um where we are today june of 2022 so throughout the pandemic we've had 41 different locations impacted now you can see there is a lot of strike through text on the slide that represents the the laws that have sunset and so compared to where we were in 2020 we're looking at a much more tame landscape in the space at this point we're down to just 27 locations impacted um and even some vaccine laws as you can see have come and gone already during this time but with that being said there certainly are still many relevant laws impacting each of the topics that we have identified supplemental paid system developments guidance impacting general paid sick leave and paid time off laws expanded paid family and medical leave laws and vaccine mandates so a lot of these mandates do still remain in place and continue to be longer term so we are continuing of course to monitor the status of each of these and on that note there are a few things that you should kind of have on your radar to be aware of over the next several months the first upcoming date is in pittsburgh towards the end of july the coven 19 paid sick leave mandate is scheduled to sunset in pittsburgh also the mandate in california that's paid sick leave cobia 19 paid sick leave mandate is scheduled to sunset at the end of september in washington dc the close of 19 vaccine paid leave is scheduled to sunset um october 1. and then in new york in new york city the kova 19 vaccine leave mandates are scheduled to sunset at the end of 2022 so whether these mandates get extended or you know sunset remains to be seen at this point even if they do sunset we think that still leaves open the possibility that new mandates could still pop up and some locations have already seen multiple iterations of very similar mandates so for example in california we've seen the supplemental paid sick leave mandate in three different times uh 2020 2021 and 2022. similarly in philadelphia we've seen that one three times pittsburgh has come around twice so certainly just because a location has a mandate that sunsets does not mean that they're you know completely off the radar so we will continue to pay attention to these types of developments um to see if any of these mandates sunset or even perhaps become permanent and with that i will transition to marlin durrow to take us into the non-covid19 portion of the presentation thank you very much renata so next slide please we're going to be talking about the new mexico paid sick leave law next slide please on march 7 2021 uh new mexico governor michelle lujan grisham signed into law the new mexico healthy workplaces act since then there have been a lot of updates about the law there were faqs that were released earlier this year and then last week the state released final regulations as well as updated faqs so there have been lots of updates and the law goes into effect this friday july 1st and as you will see when we discuss this law this law is very employee friendly and has very burdensome requirements on employers especially as compared to other paid sick leave laws in the southwest and west coast region as the law currently stands it does not get rid of the bernalillo county local pay time off ordinance so if you're covered under that ordinance you must continue to comply with that ordinance in addition to the statewide paid sick leave law as you see on the slide in terms of employer coverage the law is very broad and covers employers employing one or more employees at any time however there are some exemptions it does not cover government employers and also for any of you who might have workplaces on tribal land uh employers with workplaces on tribal land are not covered as the state does not have the ability or the authority to enforce the law in those areas for employers wondering that whether the law would cover employers who don't have a physical presence in the state but may have employees working there the faqs clarify that regardless of whether the business is actually located in new mexico or out of the state employees performing work in new mexico have to be provided with paid sick leave under the law employee coverage is also pretty broad it covers all types of different employees including part-time seasonal and employees working on a temporary basis however there are some exemptions here as well independent contractors and subcontractors for example are not considered covered employees also employees who are subject to the provisions of title ii of the federal railway labor act the federal railroad unemployment insurance act or the federal employers liability act are not covered under this law for those of you with telecommuting or remote employees in new mexico whether they are are covered if currently and of open questions that faqs provide that the state will evaluate on a case-by-case basis whether those employees aren't covered next slide please so now we're going to talk about the numbers and as i mentioned earlier you'll see that this law is more burdensome than other laws in the region start of accrual is pretty common just like most paid sick leave laws accrual begins either on the effective date of the law which is this friday and for any employee who's hired after this friday they would begin to accrue leave at the start of their employment the accrual rate is also pretty standard one hour of paid sick leave is accrued for every 30 hours worked now the law has some interesting guidance about the different types of times that employees can accrue basically for outside of what we typically think of when we think of work time so one of the things that the faqs address is whether employees accrue paid sick leave during travel time um and the guidance provides that travel during the day from one job site to the next job site is considered compensable work time so employees can accrue paid sickly for that time if employees are required to meet at a central location before they're transported to a job site that is also considered compensable time under new mexico law because the portal to portal exclusion under the flsa does not apply and employees actually have to accrue time for that travel time however when the employee is simply commuting from home to the workplace or from the work to their home that time is not compensable time and therefore employees do not accrue leave for their commute in terms of the cruel cap there is no cruel cap expressly listed in the law and in fact the faq's confirmed that there is no cruel cap and that they specifically say that it is illegal to cap the number of hours that an employee can accrue this is very unusual for basically laws in that region although new mexico wouldn't be the first place without an accrual cab because washington and the local laws there don't have an accrual cap it is very different from arizona that only has a 40 hour accrual cap or california and colorado that have a 48-hour accrual cap so it doesn't follow what the laws in the surrounding states do the law caps carry over at 64 hours so employees have to be able to carry over 64 hours of accrued unused leave till the following year and usage is capped at 64 hours of paid sick leave per year so it's not quite as bad as the washington law when there where there is no usage cap as well it does have a usage cap but again this is significantly greater than um states in that area so california for example has a 24 hour usage cap arizona and oregon 40 hours and colorado general paid sick leave law at 48 hours so it is much greater than most laws next slide please so for those of you wondering if you can do away with the crawl i have some bad news there so although the paid sick leave law does permit employees to front load sick leave at the start of the year and prorated for employees who are hired later in the year front loading the time does not get rid of carryover obligations or accrual typically the reason that employers decide to front load is because if you give the time at the start of the year then you don't have to worry about tracking the time that employees are working and figuring out what they would have accrued at the rate of one hour for every 30 hours worked and then in many jurisdictions once you give that time you don't have to worry about carryover either unfortunately here front loading like i said does not get rid of accrual tracking so even if you front load 64 hours at the start of the year you still have to track the number of times that the employees worked and in the faqs the state did some math for us already so they say that if an employee has worked 1 000 and 1 920 hours they have earned the full 64 hours of basic leave that would have been granted to them at the start of the year so for any time that they work beyond the 1920 hours they have to accrue time at the one hour for every 30 hours worked great and like i said you still have to permit carryover at the end of the year so up to 64 hours of accrued unused time have to be carried over regardless of whether you front load at the time [Music] one other interesting thing to note about this is that new mexico is considering 2022 a transition year since the law takes effect in the middle of the year rather than on january 1st so for those of you who already have policies in place and have granted employees time on january 1st and you've given them at least 64 hours you might be hoping that that means you don't have to worry about the new mexico law until next january unfortunately the faqs provide that employers cannot offset the requirements of the leave under this law with time that the employee has already earned or used since january 1st 2022 instead starting this friday july 1st employers can either award employees a front load lump sum grant of paid sick leave based on the anticipated hours that they will work for the rest of the year or you have to let them accrue time um so for those of you who were hoping that your cbas might cover you and you don't have to worry about the law unfortunately more bad news here cbas have to comply with the rights of the law so if you have a cba that does not provide leave as required by the law you would have to update that and comply with the law for those of you who might have unlimited pto policies or other pto policies you still have to make sure that they comply with all the requirements of the law specifically the faq say that those policies have to meet the accrual or front loading carryover usage and terms and conditions of the law including reasons for use covered family members notice documentation payment waiting period and every other term and condition that the law requires and as a reminder even if you're front loading the time or giving unlimited pto you still have to track why employees are using the time um so basically regardless of the type of cba you know cba or policy that you might have you still would have to comply with this law in terms of payment of sick leave so sick leave is compensated at the same hourly rate and with the same benefits including health care benefits as the employee normally earns during the hours worked and it cannot be less than applicable minimum wage so nothing unusual there we see the standard pretty frequently across basic leave laws nothing unusual either in terms of the time increment limitation although as you'll see it's a very employee-friendly increment of use so sick leave has to be used in the smaller of either an hourly increment or the smallest increment that the employer's payroll system uses to account for absences or use of other times although very employee friendly we've seen this across many other laws so nothing too unusual there next slide so new mexico joined a group a very small but growing group of states that have no usage waiting period so that means employees can use paid sick leave as that time accrues without having any waiting period in terms of reasons for use most of the reasons for use under this law are pretty common and we see them across basically laws but there is one exception to that that i'll address but just like we see across the board employees can use leave for their own or a covered family member's sick leave needs that includes absences due to a mental or physical illness injury or health condition due to a medical diagnosis care or treatment of a mental or physical illness injury or health condition or preventative medical care it also provides leave like many laws do for safe time absences in this case they define it as domestic abuse sexual assault or stalking that's suffered by the employee or a covered family member where this law differs and for those of you who have operations in new jersey this might sound familiar familiar to you because new jersey has a similar reason for use is that employees can use leave for meetings at the child's school or place of care in connection with a child's health or disability so although not very common across the board it's not quite unique just to new mexico in terms of covered family members the law is very broad but again nothing too unusual there it covers an employee spouse or domestic partner or any person related to an employee or the employee spouse or domestic partner as any of the following relationships a child a parent a grandparent a grandchild a sibling the spouse or domestic partner of a family member or the broad catch-all term of an individual whose close association ship whose close association with the employee or the employee spouse or domestic partner is the equivalent of a family relationship next slide please so the law does require employees to provide notice to employers as well as documentation under cert certain circumstances nothing too unusual here generally the employee has to provide oral or written request to the employee to the employer or somebody could do that if they're acting on the employee's behalf employees have to give reason of have to make a reasonable effort to provide notice in advance if the leave is foreseeable and they have to make a reasonable effort to schedule time in a manner that does not unduly disrupt the operations of the employer unlike some laws it doesn't say exactly how far in advance the notice has to be given for for stable absences for unforeseeable absences it's pretty standard and the employee has to give oral or written notice as soon as practicable employers can require documentation under certain circumstances and that is if the employee uses leave for two or more consecutive work days based on the final regulations employees have 14 days from the day that they return to work to provide the documentation the type of documentation that they have to provide depends on whether the leave is for sick leave absences or safe leave absences and the the law provides details about what is considered reasonable uh next slide please so finally we're going to talk about some non-policy requirements so these are obligations that employers have but these are not things that we put in a written policy one of those things is notice and posting the law comes with both a notice and posting obligations so employers have to give written or electronic notice to an employee at the commencement of employment of the rights under the law there is a model notice that has been released by the state and that could be used to satisfy the import the employer's obligation employers also have to post the notice and it has to be posted in a conspicuous and accessible place in each establishment where employees are employed the poster and the notice have to be provided in english in spanish and any language that is the first language of spoken by at least 10 percent of the employer's workforce for those of you with fully remote businesses this notice and posting obligation could be met through electronic means and now with available balance notification when the law was passed there was no such notice but the final regulations state that employers have to provide employees with an accurate year-to-date written summary of earned sick leave accrued and used at least once in every calendar quarter this could be done electronically or employers can also choose to put this information on pay records or earnings statements that are received by employees ing to their normal pay schedule so if you do that you're deemed to be compliant the record-keeping requirement is pretty standard you have to keep certain records for a period of two years and then finally in regards to written policy requirements there's no specific written policy required by the law but the main 2022 faqs that the state released say that the state recommends employers to not only provide a notice of the law but also any policy changes to all employees affected by the changes and with that i will pass it over to bernie thanks marlon um we can go ahead and move to the next slide i'll be talking about west hollywood's unique compensated time-off mandate uh we can go ahead and move to the next slide it'll be apparent why west hollywood is unique in the following slides but i'll start off with some statewide and national context for west hollywood's compensated time off law in addition to the california statewide paid sick leave law their local non-coveted paid sick leave mandates and the following municipalities berkeley emeryville los angeles oakland san diego san francisco and santa monica in addition both long beach and los angeles have industry specific paid sick leave ordinances affecting certain hotel employers california also has several related statewide laws covering vacation time and kin care and a few unique jurisdictions that west hollywood joins are maine bernalillo county new mexico and nevada these have also enacted paid time off laws rather than a law that's limited solely to pick paid safe and sick leave and we can move to the next slide west hollywood's time-off law is an outlier as i mentioned when compared to other california laws all of the other laws are paid sick leave laws and here as we'll get to west hollywood's law is a compensated time-off law and a percentage of the time required to be provided to employees needs to be vacation or personal time west hollywood's the only jurisdiction right now that provides more than just sick leave all the other jurisdictions in california mentioned right before this only include point in time accrual caps rather than annual accruals and west hollywood's two accrual caps make this law an anomaly and also require companies to set up their systems differently for west hollywood than for other california jurisdictions a note on carryover accrued unused compensated time off will carry over until the time reaches a maximum balance of 192 hours that's a pretty high number uh it's more than double the next highest san diego with 80 and a number of others at 72 hours and almost quadruple the statewide cap of 48. one note on cash out if you were familiar with the original ordinance that ordinance required covered employers to provide a cash payment to employees every 30 days for any accrued time above 192 hours however the amended version which came out last month and regulations establish the 192 hour maximum balance cap a point in time accrual cap and then deleted the 30 day cash out provision so thus to be very clear employers are not required to provide cash payments to employees who reach the maximum accrued compensated time off and that'll take us into the next slide and that there are two different effective dates one for hotel employers this law took effect january 1st of this year and for all other employers it'll take effect on friday july 1st a few notes on eligibility and coverage and specifically definitions as you can see independent contractors are not covered and the ordinance specifically defines employee hotel employer employer and hotel worker i won't bore you with the definitions of every single one of those however i do want to highlight that for the definition of employee the ordinance defines employee as any person who in a particular week performs at least two hours of work within the geographic boundaries of west hollywood and is entitled to minimum wage under the california labor code and associated wage orders so in other words there is a physical presence requirement to be defined as an employee also to note we received informal confirmation of coverage of only non-exempt employees from the city of west hollywood and in addition employees who do not spend all of their time in the city only accrue time off based on the time worked within the city as to the definition of non-hotel employers the law has a broad coverage standard for those non-hotel employers for which the law goes into effect on friday generally a company who employs or exercises control over the wages hours or working condition of any employee constitutes a non-hotel employer under the law and we can move on to the next slide which covers accrual accrual begins on the first day of employment or on july 1st 2022 for existing employees as an initial point there's no accrual for work in excess of 40 hours per week accrual breaks down by full-time and part-time employees and further by compensated versus uncompensated time off so we'll start with compensated time off the accrual rate is a weird 96 over 52 hours of compensated time off each week in a calendar year to make this slightly easier that's 0.047 hours of compensated leave per hour for a full-time employee there is proration for part-time employees and an annual accrual cap for compensated time off of 96 hours and then as we mentioned that point in time accrual cap of 192 hours as to uncompensated time off that accrues at a rate of 80 over 52 hours per week in a calendar year and if it's any easier that simplifies to 0.039 hours of uncompensated leave for each hour worked there is an annual accrual cap of the uncompensated time off of 80 hours for sick leave and that is after the exhaustion of compensated time off and i'll get into that um in a following slide we can go ahead and move on to the next one um this slide it covers front loading similar to marlin's bad news front loading does not eliminate the requirement for year-end carryover but it is allowed the ordinance itself is silent but the faqs clarify the permissibility of front loading um this law is highly pro-employee as we mentioned because of the lack of a usage gap and a high accrual cap and then a note on on carryover again accrued unused compensated time off carries over until the maximum balance of 192 hours and then again to highlight the point that we made earlier the amendments did away with the monthly cash out requirement so employers are not required to provide cash payments to employees who reach the maximum accrued compensated time off we can go ahead and move on to the next slide so time can be compartmentalized under the west hollywood law employers can comply with the law if they provide a combined leave of no less than 96 hours for full-time workers and again this is pro-rated for part-time employees employers can choose to comply with west hollywood's law via a single bucket or multiple buckets of compensated time off so you'll see we break this down into two options option one would be a bucket of paid time off only and i'll get into paid time off in a following slide but the second option would be a bucket of at least 50 percent to vacation or personal necessity and then a separate bucket of 50 to paid sick leave as defined by california law um you'll see west hollywood sites to count the california labor code um and california paid sick time and vacation time laws must be accounted for um and we can go ahead and move on to the next slide so as the reasons for use compensated time off is defined under the west hollywood law as paid sick leave vacation or personal necessity and as as noted above employers can provide either a single bucket or two buckets of compensated time off if using the single bucket the employers must provide paid time off and if the employer uses two buckets fifty percent must be earmarked again for vacation or personal necessity and the other fifty percent paid sick leave as cal as defined by california law so california has paid sick leave reasons for use as a reminder of the diagnosis care treatment of an existing health condition of or preventative care for an employee or an employee's family member and two for an employee who's a victim of domestic violence sexual assault or stalking and takes time off of work to obtain or attempt to obtain any relief and then another reminder um for uncompensated leave that uncompensated time off only kicks in when an employee has exhausted their compensated time off so for example for the illness of a family member which is defined under california's family rights act cifra and the reasons for use under cifra are the birth of a child the placement of a child an employee's family for adoption and a few other reasons and with that we can move on to the next slide use requirements there is a use usage waiting period for new hires under the west hollywood law compensated time off must be used after the first six months but the california paid sick leave law and its usage period for new hires is 90 days so we recommend going with the california more employee favorable standard for compensated and uncompensated time off as to the rate of pay unlike california's statewide paid sick leave law the west hollywood law's rate of paid time off is based upon the employee's base rate of pay so employers who seek to have paid sick leave comply with both state and local requirements will need to ensure that employees are paid at the highest applicable rate the faq has also confirmed that tips are not included in an employee's rate of pay as to increments of use there's no provision in the law itself but we recommend following california's state law standard as to employee notice the rules require employees to provide quote reasonable notice and there's no provision for documentation on to the next slide which covers notice and posting the links are on the slide and the standard is that employers must post and keep posted in a place accessible to the employer's employees a copy of the posters linked or noticed furnished by the city which they've furnished this must be in english spanish and any other language spoken by at least five percent of the employees and employers also must provide to each employee at the time of higher the employer's name address and telephone number and writing on to the next slide regarding record keeping west hollywood requires records to be kept for no less than three years for a pretty fulsome list of topics but notably [Music] these topics include the formula by which the employees wages vacation and leaves are calculated on to the next slide the second to last payout upon separation depends on whether the employer elects to use a single or multiple buckets for compliance with the law accrued unused compensated leave classified as vacation or personal necessity leave must be paid out at the employee's regular rate upon termination however any portion of compensated leave classified as sick leave is not required to be paid to the employee upon termination uh upon reinstatement there is no payout for unused uncompensated leave but as we know it reinstatement is required upon rehire within one year of leaving on to my final slide regarding written policy requirements and a quick note on waiver there's no mandatory written policy requirement but we recommend it and then and the although there isn't a written requirement the um the rules and regulations include some examples of potential written policies such as setting a reasonable minimum increment to use the leave and then finally a quick note on waiver the city manager could grant a waiver upon an employer's demonstrating a hardship this demonstration would be showing that they're trying to mitigate against a potential reduction of employment or work hours or to avoid bankruptcy or shutdown of the business and if granting if giving if seeking a waiver the employer needs to provide advanced written notice to all employees um and a written notice of the city manager's determination within three business days so with that i will transition it back to renata thank you bernie we will move on to bloomington minnesota so bloomington minnesota is the most recently enacted paid sick leave law and minnesota as it turns out is actually a pretty active state in the paid sick leave world next slide please so as you may be aware minnesota has had a kin care law in place for many years a kid care law does not actually require employers to provide paid sick leave but if an employer does provide paid sick leave what the kin-care law says is that employers have to allow employees to use a certain amount of that paid sick leave to take care of covered family members specifically in minnesota the requirement is that 160 hours a year have to be allowed to be used for caring for covered family members so coming into the paid sick leave space minneapolis and st paul came on the scene back in 2017 with the first local paid sick leave laws in the state duluth joined in 2020 and there's actually been a push recently for statewide paid sick leave we have not seen that go into effect yet or be enacted yet um but that is something that is potentially on the horizon in minnesota so our newest minnesota law is the bloomington local paid sick leave law that was enacted just a couple of weeks ago on june 6th it will go into effect on july 1 2023 so this brings the total number of paid sick leave laws in minnesota local paid sick leave laws that is to four and that's actually the second highest number of any state in the u.s second only to california which has 10. next slide please so overall you'll see that the bloomington paid sick leave law substantively is pretty similar to the law in minneapolis and so we'll cover the main substantive points of the law today initial threshold question is which employers are covered you know basically all private employers are covered if you have one or more employees um there is then you are likely covered there are some limited exceptions to this and if you have fewer than five employees the time may be able to be unpaid but for the most part private employers are covered to be eligible to take the paid sick leave an employee has to work at least 80 hours of work per year in the city of bloomington accrual rate one hour for every 30 hours worked which is a pretty standard rate um accrual begins immediately when an employee is hired one note about the accrual in bloomington is that it only accrues in full hour increments the accrual is capped at 48 hours per year or 80 hours at any point in time there is no usage cap written into the law and employers are required to allow employees to carry over unused time at the end of the year however this can be capped at 80 hours carryover due to the 80 hour point in time cap on accrual employees are eligible to use their paid leave after 90 calendar days of employment and in terms of front loading it is permissible to use front loading instead of accrual you would have to give at least 48 hours at the first 90 days and then at least 80 hours per year thereafter but it is not clear at this point whether that will eliminate year-end carryover requirements so stay tuned next slide please the reasons for use and covered family members under this law are fairly standard this can be used for an employee's own illness injury health condition preventive care also to care for a family member for those same reasons the typical safe time absences like we see domestic abuse sexual assault stalking and also closure of the employees business or the employees family members school or place of care notably the school in place of care closure includes not only closures for a public health emergency but also other unexpected closures due to things like inclement weather the covered family members are also fairly standard child spouse sibling parents grandchild grandchild grandparent uh guardian ward other members of the employee's household to clarify a child does include a step child adopted child foster child adult child same thing with parents deaf parent also includes in-laws next slide please so in terms of the increments of use an employer has to allow employees to use um and save time and increments consistent with current payroll practices as defined by industry standards or existing policies and the minimum increment cannot be more than four hours if an employee has a need for foreseeable paid sick leave the employer can require advance notice up to seven days unforeseeable the standard is our typical as soon as a practicable language which we see under most of these laws next slide oh i'm sorry and then for documentation um three consecutive days absence uh is typically the standard more than three consecutive days all right next slide please there is a requirement for employers to provide a notice of available balance of paid employee success specifically this is the time that's available and the time that has been used this can be provided by some kind of reasonable system such as printing it on pay stubs or developing an online system where employees can log in there is a notice and posting requirement under this law so the city will be publishing a model poster for employers to use and employers are required to put a notice of rights in the employee handbook while there is no written policy mandate it is important to update handbooks with that notice of rights because of that requirement in the law so that's a very quick overview and i will pass it back to josh to wrap us up great great thank you renata and thanks bernie and marlon for those overviews and updates uh before i continue with uh just the the next couple of slides you can go two slides for me i'm going to read off the cle code for today's presentation the code is s s as in scifarth shaw eight one nine nine again that is ss8199 one more time ss eight 8199 all right so to wrap things up um and thank you to everyone for submitting questions i've been able to respond to as many as we were able to thanks thanks again for those um for purposes of where paid sick leave and pto is heading you've already heard about new mexico west hollywood and bloomington and when those respective mandates go into effect but what else are we looking towards well for starters heading into 2023 after the november elections will federal paid sick leave become a focus some some potential middle ground that the two parties can land on especially given that the patchwork as we saw at the very beginning of the presentation today is covering almost 40 percent of the states with the statewide paid sick leave law and as you we've discussed and as many of you know those laws have many variations um so paying attention to the federal laws there also are perhaps uh laws coming down the pipe maybe later this year in illinois at the statewide level definitely keep an eye on illinois as this legislative session is not done yet and there is a proposal for paid sick leave at the statewide level minnesota and delaware came very close to passing the paid sick leave walk the statewide level earlier this year those sessions we understand are closed for the rest of the 2022 cycle but pay attention to them as we head into 2023 and you can see some honorable mentions for virginia which has an industry specific statewide paid sick move law that could also perhaps be rolled out to uh all private employers as well as potential amendments in new jersey california as well as connecticut uh if you can go to the next two slides just to round out today if the paid sick leave patchwork new mexico west hollywood uh other laws are giving you challenges we have plenty of resources that can help and a great team of attorneys ready to jump in and assist with whatever industry however many states and localities you're in the nature of your workers we deal with all of it daily so please do reach out if you have questions some of our resources we have a great paid sick leave survey that all the speakers today work on very regularly to maintain it's a comprehensive survey covering all state and local laws you can reach out to paid leave at sipharff.com for more info we also have a paid leave mailing list that you can sign up at the link at the bottom of this slide it'll take you less than a minute to sign up maybe maybe two minutes but then you'll get access to all of our legal updates and blog posts on paid leave as we roll them out finally as you'll go to the next slide please you will see we also have this webinar series and all of the uh again parts that we've done so far are available uh recordings and slide decks if you are interested in them um we also have a paid family leave law uh webinar series that we are up to part six i believe we just did that last week and so folks are interested we also have that series available for you and we have a podcast that we started a few months back i'm very lucky to be one of the co-hosts of our take it or leave it leave of absence and accommodations podcast episode 11 we'll be dropping later this week and we cover a ton of leaves and accommodations topics including paid sick leave covert paid leave mobile workers and all the related fun topics that come up in this space thank you so much for everyone for joining us uh happy middle of 2022 we'll see you at our next webinar thank you so much be safe everyone thanks thank you again to all of our presenters this does conclude today's webinar thanks to all of you for attending