Archives: Paid Sick Leave

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Austin Paid Sick and Safe Leave Law Preempted by Texas Minimum Wage Act, Third Court of Appeals Holds

By Kristin L. Bauer and A. Robert Fischer on Posted in: Leave, Paid Sick Leave
On November 16, 2018, the Austin-based 3rd Court of Appeals declared Austin’s paid sick and safe leave ordinance unconstitutional. Specifically, the court held the ordinance is preempted by the Texas Minimum Wage Act and is, therefore, unconstitutional. The Austin ordinance has been under attack since its inception. The Travis County District Court originally denied a temporary … Continue Reading

What Do You Mean I Can’t Require that an Employee Use PTO During FMLA Leave?

By David S. Mohl on Posted in: FMLA, Leave, Paid Sick Leave, Uncategorized, Work-Related Injuries
Since the FMLA came into existence, employers have been advised, where possible, to run FMLA concurrently with other leaves. Doing so prevents leave stacking. When reviewing FMLA policies, a common oversight we see is how employers handle the use of paid leave during FMLA. While the policies require employees to use earned vacation, sick or … Continue Reading

Village of Northbrook Opts Back In to the Cook County Earned Sick Leave Ordinance

By Jody Kahn Mason on Posted in: Paid Sick Leave
Are you tired of the Cook County Earned Sick Leave roller coaster, yet? Last Tuesday, the Village of Northbrook, Illinois, became the most recent Cook County municipality to opt back in to the Cook County Earned Sick Leave Ordinance, joining Western Springs, which — as we previously reported — did an about-face in April and reversed … Continue Reading

Court Confirms Minneapolis Sick Leave Ordinance Not Enforceable Against Employers Based Outside of City

By Richard Greiffenstein and Jackson Lewis P.C. on Posted in: Paid Sick Leave
Last week, a court upheld the Minneapolis paid sick leave ordinance, but ruled that it is only enforceable against employers within the city’s limits. Minneapolis’s paid sick leave ordinance was passed in 2016 and was immediately challenged by the Minnesota Chamber of Commerce, which argued that the Minneapolis ordinance conflicts with state law and cannot … Continue Reading

Paid Sick Leave Goes to Court

By Kristin L. Bauer and Jackson Lewis P.C. on Posted in: Paid Sick Leave, Uncategorized
This week, in Austin, Texas, several business groups and staffing organizations sued the City of Austin to prevent its paid sick and safe leave law from going into effect on October 1, 2018.  As detailed in a previous post, the Austin ordinance requires employers to provide employees who work at least 80 hours in Austin … Continue Reading

IRS Issues Guidance FAQs Regarding the Paid Family Leave Federal Tax Credit

By Jackson Lewis P.C. on Posted in: FMLA, Leave, Paid Sick Leave, Pregnancy
This week, the Internal Revenue Service (IRS) issued FAQ guidance regarding the employer tax credit for paid family and medical leave. As a reminder, the Tax Cuts and Jobs Act of 2017 (the Act) provides a tax credit to employers that voluntarily offer paid family and/or medical leave to employees. The FAQs clarify some of … Continue Reading

Are You Preparing for Washington Paid Family and Medical Leave?

By Jackson Lewis P.C. on Posted in: FMLA, Leave, Paid Sick Leave
By the end of this year, employers with employees in the state of Washington must be ready to comply with last summer’s newly-enacted a paid family and medical leave law. Since the law’s passage, Washington has been busy fine-tuning the program and providing updates. Recently, Washington announced that employers with employees in the state of … Continue Reading

Sick Leave Entitlements on the Rise in CA? A Pending CA Bill Is Looking to Do Just That.

By Susan E. Groff and Benjamin A. Tulis on Posted in: California Compliance, Paid Sick Leave, Uncategorized
Just three years after the enactment of California’s paid sick leave law under the Healthy Workplace Healthy Family Act of 2014 (AB 1522), a new bill has been introduced seeking to increase the amount of sick leave employers must provide employees under California law. The bill, AB 2841, was introduced on February 16, 2018, by … Continue Reading

Are you covered by the Federal Paid Sick Leave Law for Federal Contractors?

By Laura A. Mitchell on Posted in: Leave, Paid Sick Leave
As paid sick leave laws continue to pass across the nation, as recently seen in Austin, Texas, employers have focused on complying with the various state and local jurisdictions’ paid sick leave requirements . However, employers may forget, or might have to totally missed, that there is a federal paid sick leave law. Executive Order … Continue Reading

Austin, Texas Passes Paid Sick and Safe Leave Law

By Kristin L. Bauer, A. Robert Fischer and Jackson Lewis P.C. on Posted in: Paid Sick Leave
Austin, Texas Passes Paid Sick and Safe Leave Law                                                                 Early this morning the Austin City Council passed a long-discussed ordinance requiring employers to provide employees with paid sick and safe leave (“PSL”). Austin is the first city in the South ever to enact such a law. Highlights of the New Austin Ordinance: Effective October 1, … Continue Reading

New York Paid Family Leave – One Month Check Up

By Jackson Lewis P.C. on Posted in: Leave, Paid Sick Leave
The New York Paid Family Leave (NY PFL) law has been in effect for over a month, yet reports indicate that many New York employers are not prepared for the operation requirements of the law. The basics of the law shouldn’t be news to employers with employees in New York. The NY PFL law provides … Continue Reading

City of Santa Monica Minimum Paid Sick Leave Accrual Limits to Increase January 1, 2018

By Susan E. Groff and Benjamin A. Tulis on Posted in: California Compliance, Paid Sick Leave, Uncategorized
The grace period is over. Effective January 1, 2018, the City of Santa Monica’s minimum cap on accrued sick leave for eligible employees will increase from 40 to 72 hours for businesses with 26 or more employees. The accrual-cap for businesses with 25 or fewer employees will increase from 32 to 40 hours. Santa Monica’s … Continue Reading

Both the City of San Diego and the State of California “Clarify” Their Sick Leave FAQs

By Susan E. Groff, Ellen M. Bandel and John P. Nordlund on Posted in: California Compliance, Paid Sick Leave, Uncategorized
As we recently reported regarding the City of Los Angeles, both the City of San Diego and the California Department of Labor Standards Enforcement (“DLSE”) have updated their “Frequently Asked Questions” (“FAQs”) related to the respective local and state sick leave requirements. Below are some of the more salient points from each.  … Continue Reading

The City of Los Angeles Quietly Updates Its Rules and FAQs Regarding the Minimum Wage and Paid Sick Leave Ordinance

By Susan E. Groff, Benjamin A. Tulis and Ellen M. Bandel on Posted in: California Compliance, Paid Sick Leave, Uncategorized
          The sick leave landscape is constantly evolving, and the City of Los Angeles is no exception to that rule. This past month the City of Los Angeles Office of Wage Standards (“OWS”) revised its rules and regulations (“Revised Rules”) as well the FAQs regarding its Minimum Wage and Paid Sick Leave Ordinance (the “Ordinance”).  … Continue Reading

The Saga Continues: Recent Opt-Outs and Other Developments Relating to the Cook County Earned Sick Leave Act, Illinois Employee Sick Leave Act

By Jody Kahn Mason on Posted in: Paid Sick Leave
The Village of Rosemont and the City of Oak Forest have become the latest suburban Cook County municipalities to join the Village of Barrington in opting out of the Cook County Earned Sick Leave Ordinance.  (They both passed ordinances either superseding or opting out of the Cook County Minimum Wage Ordinance.)  In rejecting the Cook … Continue Reading

Ohio Means Business: New Law Prohibits Cities and Counties From Enacting Paid Sick Leave, Predictive Scheduling, and Minimum Wage Laws

By Katharine C. Weber and David A. Nenni on Posted in: Paid Sick Leave, Predictive Scheduling
Imagine you operate multiple business locations in Columbus, Ohio where 3 counties comprise the city proper and as many as 11 counties comprise the larger Columbus Metropolitan Area. Now imagine that each of those counties adopts their own local ordinance requiring paid sick leave as well as advance notice (and extra pay) to employees before … Continue Reading

Are You Ready? City of Santa Monica’s Sick Leave Provisions Become Effective January 1, 2017

By Susan E. Groff and Alexandra Gilinsky on Posted in: California Compliance, Paid Sick Leave, Uncategorized
Are you sick of sick leave yet? Beginning on January 1, 2017, the new paid sick leave provisions under Santa Monica City’s recently adopted Minimum Wage and Sick Leave law will go into effect.  Since our California Workplace Law Blog article first outlined key provisions of the law, the ordinance was amended later this year, … Continue Reading
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