Fenwick Employment Brief - Spring 2017 Update

Author:Mr Daniel McCoy, Sheeva Ghassemi-Vanni and Anna Suh
Profession:Fenwick & West LLP
 
FREE EXCERPT

NEW PUBLICATIONS CLARIFY SF PAID PARENTAL LEAVE ORDINANCE

The City of San Francisco has issued helpful guidance regarding its Paid Parental Leave Ordinance. Employers should revisit their existing, or begin drafting their new, paid parental leave policies to comply with upcoming changes.

Although the Ordinance went into effect on January 1, 2017 for employers with 50 or more employees, on July 1, 2017, it will apply to employers with 35 or more employees. On January 1, 2018, it will apply to employers with 20 or more employees. Further, the waiting period for PFL benefits for leaves commencing after January 1, 2018 will be eliminated.

In a recent webinar containing helpful information for employers, the City clarified that the threshold number of employees (i.e., 50 or more employees as of January 1) includes all employees worldwide (not just living or working in San Francisco or California) and that seasonal, temporary, and part-time employees are counted to determine the threshold number.

The City also issued new FAQs, which address the revisions made to the Ordinance and other issues. In addition, the City published a step-by-step guide for employees that walks them through the process of applying for Paid Family Leave benefits through the California Employment Development Department and benefits under the Ordinance. This is a great resource for employers to provide to employees.

CITY OF SAN JOSE INTRODUCES REQUIREMENTS FOR HIRING TEMPORARY WORKERS

Starting March 13, 2017, San Jose's The Opportunity to Work Ordinance will require San Jose employers to offer existing, qualified part-time employees additional work hours before hiring any temporary, part-time or new workers. Below are highlights from the ordinance.

A covered employer is any private San Jose employer with 36 or more non-exempt employees, which is subject to San Jose's business tax or maintains a place of business in San Jose that is exempt under California law from the City's business tax. A qualified employee is an employee who, (1) in a calendar week, performs at least two hours of work for the covered employer within the geographic boundaries of San Jose, and (2) is a non-exempt employee. The Ordinance also applies to temporary or seasonal employees if these two factors are met.

Once an employee qualifies under the Ordinance, the covered employer must exercise good faith and reasonable judgment as to whether the qualified non-exempt employee has the skills and experience...

To continue reading

FREE SIGN UP