Berkeley, CA, Passes Ordinance to Raise Minimum Wage, Add Paid Sick Leave Laws

The City of Berkeley, California, passed an ordinance Aug. 31 that amends its current minimum wage law, and adds a new paid sick leave law.

Here are the details of both laws, which go into effect Oct. 1, 2017:

Amended Minimum Wage Law

The new law increases Berkeley’s minimum wage to $12.53 per hour in October 2016, $13.25 in October 2017 and $15 by October 2018. It will take effect even though an existing measure on the city’s November ballot would raise it to $13.25 in October 2017, $14.05 in October 2018 and $15 by October 2019.

Furthermore, in response to strong public opinion that the $15 wage wouldn’t be implemented quickly enough, the ballot also includes a second, union-backed measure raising the minimum wage to $15 in October 2017.

What does this all mean? According to Anne Jakala, GovDocs Compliance Counsel, the new minimum wage law is technically in effect until and unless one of the two ballot measures passes, upon which that ballot will become law.

Under all options, the minimum wage will not be affected until October 2017.  The minimum wage will increase to $12.53 Oct. 1, 2016, as outlined on the current minimum wage posting.

New Paid Sick Leave Law

Berkeley’s New Paid Sick Leave Law raises employees’ maximum leave to 72 hours. The above-mentioned measures on the city’s November 2016 ballot also have a paid sick leave component.

Are Postings Required?

Berkeley’s current minimum wage law requires a posting, as will the new paid sick leave ordinance. Since the latter doesn’t go into effect until Oct. 1. 2017, GovDocs doesn’t anticipate a posting will be required until that time.

We’ll continue to monitor this and communicate any developments as they occur.

West Virginia: New Wage Payment and Collection Posting

West Virginia released updates to its Wage Payment and Collection Act which are required for all workplaces effective June 11, 2015.

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West Virginia recently amended the West Virginia Wage Payment and Collection Act (WPCA) which establishes when and how often wages must be paid, making it comparable to similar statutes in other states. The new amendments:

  • Give employers the opportunity to supply newly released employees with their final paycheck on or before the next regularly scheduled payday versus the previous deadline of 72 hours.
  • Reduced the amount of damages an employee is able to receive when they do not receive their final paycheck within the required timeframe, from three times to two times the unpaid amount.
  • Changed the frequency employers in West Virginia need to pay their employees. Employers are now required to pay their employees at least twice every month, with no more than 19 days between paydays.

There were no changes to the time requirements for employees who quit, are suspended as part of a labor dispute, or are laid off.

According to GovDocs Compliance Research Counsel, Anne Jakala, Esq., employers must display the updated posting in a conspicuous location. The new posting is included as part of the West Virginia Poster Compliance Package, which contains workplace postings required for West Virginia employers:

  • Unemployment Benefits
  • Notice to Employees (Workers’ Compensation)
  • Minimum Wage
  • NOTICE: The West Virginia Human Rights Act (Discrimination)
  • Wage Payment and Collection
  • Parental Leave
  • H. B. 4140 Meal Breaks Poster
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Oregon: New State and City Paid Sick Leave Laws

Employers in Oregon need to know about a new statewide Paid Sick Leave law and its effect on similar measures in Portland and Eugene.

The State of Oregon enacted a Paid Sick Leave law that takes effect January 1, 2016, and it may trump similar laws at the municipal level in Oregon.

  • Portland already has a similar law in effect – the Portland Protected Sick Time Ordinance. The new Oregon State law will incorporate Portland’s rules into it by carving out exceptions for cities with over 500,000 in population. Portland’s notice is applicable until January 1, 2016. After January 1, it is believed that the State law requirements will be applicable and the Portland rules & posting will be repealed.
  • Eugene had passed a city Paid Sick Leave ordinance that was set to be in effect on July 1, 2015, however the State bill explicitly preempts all local governments’ sick leave requirements and Eugene’s ordinance will be repealed.

Oregon Paid Sick Leave Posting Requirements

The law requires a written notice to be provided to employees regarding the requirements of the new Oregon Paid Sick Leave law. However, GovDocs Compliance Research Counsel, Anne Jakala, Esq. said there is no language explicitly defining whether that notice must be posted or provided in person.

“We anticipate the Oregon Bureau of Labor and Industries is expected to provide a template notice, but GovDocs will continue to monitor the Bureau of Labor and Industries for the release of any further clarification regarding this law.” Anne Jakala, Esq.

U.S. City Posting Requirements

More than 40 municipal governments in the U.S. have issued notices that employers must display in workplaces – and the trend is increasing. Cities like San Francisco, Seattle, Albuquerque, and Philadelphia have all issued ordinances that affect workers in those cities with corresponding labor law postings.

GovDocs provides ongoing labor law posting compliance coverage for North America’s largest employers. Under our Update Program, employers receive the latest Federal, State, and City required postings automatically and at no extra charge. This takes the guesswork out of posting compliance for large companies with locations in multiple cities and states.


San Francisco 2015 Minimum Wage Increase

San Francisco employers must pay workers at least $12.25 per hour beginning May 1, 2015.

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Voters passed Proposition J in November 2014, raising the minimum wage to $15.00 by 2018 in scheduled increases. Beginning in 2019, the San Francisco minimum wage rate will be adjusted annually based on changes to the Consumer Price Index (CPI).

San Francisco Minimum Wage Increase Schedule

The San Francisco minimum wage will increase according to the following schedule:

Effective Date Minimum Wage Rate
5/1/2015 $12.25
7/1/2016 $13.00
7/1/2017 $14.00
7/1/2018 $15.00
July 1 2019 and beyond CPI Increase

San Francisco Minimum Wage Notice and Posting Requirements

The San Francisco Minimum Wage Ordinance (MWO) requires every employer to post notices in English, Spanish, Chinese and:

“…in and any other language spoken by at least five percent of the Employees at the workplace or job site.”

Employers must also provide each employee the employer’s name, address and telephone number in writing at the time of hire.

The San Francisco Office of Labor Standards Enforcement is authorized to fine employers $500 for each instance of failing to post or failing to provide the employer’s contact information in writing.

San Francisco Compliance Posters

Subscribers to GovDocs labor law news can take an additional 20% off of their purchase of the GovDocs San Francisco City Posting Compliance Package by using coupon code BLOG20. The package contains the new San Francisco 2015 Minimum Wage posting and other postings required for San Francisco employers:

  • San Francisco Minimum Wage (6-Language version)
  • San Francisco Paid Sick Leave (6-Language version)
  • San Francisco No Smoking
  • San Francisco Health Care Security Ordinance (6-Language version)
  • San Francisco Family Friendly Workplace (6-Language version)
  • San Francisco Fair Chance Ordinance posting
  • San Francisco Employment Discrimination is Against the Law

GovDocs City Posting Coverage

San Francisco is just one of more than 40 cities in the U.S. that issues postings required or recommended for employers. Thanks to the nationwide trend of tying minimum wage rates to cost-of-living adjustments (like in San Francisco beginning 2019), more and more workplace postings require frequent replacement.

For large employers (businesses with 50 or more locations), GovDocs suggests using an automatic compliance program to ensure uninterrupted posting coverage for all your employees. Request a price quote from GovDocs today.

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