In 2014 California became the second state in the nation to provide paid sick leave. In 2015 amendments to the original legislation took effect.

The Act applies to private and public employers regardless of size. Any employee who has worked in California for the same employer for 30 days or more within a year from the beginning of his/her employment is entitled to paid sick leave. Part time and full time employees are covered as well as exempt and nonexempt employees. Employees not covered are those already covered by a union contract that specifically provides for paid sick leave, construction employees covered by a valid union contract, providers of in-home supportive services, certain air carrier employees and specified retired annuitants.

An employer with a paid sick leave policy that was in effect prior to January 1, 2015 is not required to provide an additional three days pursuant to the Act if the policy meets the accrual method. If the employer chooses to use one of the accrual methods accrued paid sick days must carry over to the following year of employment but an employer can cap the employee’s total accrual amount at 48 hours/six days.

An employer can require the employee to wait until the 90^th day of employment before using paid sick days. A limit of 3 days or 24 hours in one year can be imposed by the employer. Although the law is silent about whether the employer can require a doctor’s note to validate the need for leave the California Labor Commission has taken the position that a doctor’s note cannot be required to use paid sick leave.

An employee cannot start using accrued sick days until the 90^th day of employment. An employee can use paid sick time for an existing health condition or preventive care for themselves or a “family member”, under the Act family member is defined as a child, parent (including parents-in-law), spouse or registered domestic partner, grandparent, grandchild or sibling. Paid sick leave may be used for an employee who is a victim of domestic violence, sexual assault or stalking. Leave must be provided when an employee makes a verbal or written request.

The Act contains several notice, posting and recordkeeping requirements. An employer must provide an employee with a written notice setting forth the amount of paid sick leave available to the employee each pay period. There is a required poster advising employees of their sick leave rights, it must be posted where visible and easily read by all employees. Employers must keep records for at least three years that document the number of hours that each employee worked and paid sick day accrued and used by employee.

There are many nuances to this particular piece of legislation. Employers may want to consult their labor and employment counsel.

The Redlands Chamber of Commerce will present the Annual State of the Community Luncheon, Friday, June 24^th, 12:00 PM at the Orton Center, University of Redlands. Sponsored by Ayre’s Hotel Redlands, Alta Vista Credit Union, Redlands Community Hospital, Kaiser Permanente, Southern California Gas Company, Walmart, Redlands Professional Firefighters Association, San Bernardino Public Employees – Local 1932 (GEAR), Southern California Edison and Redlands Police Officers Foundation, the event allows Mayor Paul Foster and Council Members, Jon Harrison Pat Gilbreath, Paul Barich and John James, to address the community, discuss council focus, accomplishments and plans for the future.

With just a few weeks until the event tickets are at a premium. The cost of the luncheon is $35 per person, reservations are needed. It is expected to be a sold out event again this year. For more information, or to make your reservation, call the Chamber office at 793-2546.

 

The Mitten Building an extraordinary venue for events of all kinds

The Mitten Building was built in 1890 as the Haight Citrus Packing House. Next, it became Mitten Letter Factory from approx. 1940 – 1980. The building was empty for many years until it was restored by the current owners who appreciated its historical significance. The family started leasing the building for the events and floral business in 2000. It has been the perfect fit for many successful and unique events ever since.

The Mitten Building can accommodate any type of event that you can think of: wedding receptions, school dances, dinner events, fundraisers, birthday parties and more.

A great place to come eat, drink, and enjoy live music The Mitten Building is open to the public on select evenings to bring you the best in local live music and artisan food, beer tastings, and cocktails.  Featuring a mellow speakeasy style bar area and inviting outdoor patio in the heart of historic downtown Redlands The Mitten Building has become the place to be in Redlands.

The Main Room will seat up to 500 guests for a buffet or sit down dinner, wedding ceremony, dancing and entertainment. In house catering specialized in organic, free range, grass fed, local ingredients. The Artisan breads are baked fresh every morning and the produce is supplied from Day Family Farms, Three Sisters, Jacinto Farms and several other local farms. Chef Benjamin Rojasleon takes care to insure all of the recipes will delight even the most discerning pallet.

Lunch at the Mitten Building on weekdays, 11 AM – 2 PM, soak up a little sun during lunch while dining on the patio or sit in the cozy bar area, private rooms are also available is you are in need of a quiet space for you party, business meeting or workshop.

Call the team at The Mitten Building for a tour of the facility, to talk about your next event or to enjoy lunch at a very special place, 909 793-1294

Employers’ most important tool of operation to keep them out of Labor Board Hearings and courtrooms is information. For the next several months a series of “must know” facts about employment issues will be published in the chamber newsletter. The information was provided CalChamber HR Specialists.

Things employers DO to get sued

Terminate any employee who takes a leave of absence, whatever the reason. It is too much trouble to administer leaves of absence and who knows if the employee will return.

Employees have legal protection when they are away from work for various reasons, including workers’ compensation, disability, pregnancy, family and medical leave, military leave, jury duty and many more. The laws also provide protection form retaliation for taking the leave – the employer cannot wait and terminate the employee once the he/she returns to work. If you terminate an employee while the employee is on a protected leave, or soon after the employee returns to work, you will have to prove that the termination was for a legitimate non-discriminatory business reason, unrelated to the protected leave.

Use non-compete agreements to protect confidential information such as business secrets, customer lists and pricing information and prevent employees from working for the competition.

Non-compete agreements are prohibited in California, with only a few exceptions. There are ways to protect trade secrets – such as customer lists and pricing information.

Prohibiting an employee from working for someone else is limited because it infringes on the employees ability to work and earn a living. You cannot force employees to stay with you, nor may you prevent them from earning a living if they choose to leave your company.

Implement a “use it or lose it” vacation policy and avoid paying out all the money at termination.

A “use it or lose it” vacation policy is not permitted in California, If the employee has accrued vacation, it is form of wages and cannot go away. You may place a reasonable cap on the accrual of vacation, which stops when a certain level of accrual has been reached. But you cannot take away what the employee has already accrued.

All accrued and unused vacation must be paid out at termination at the current rate of salary. There is no limit on how far back in time the employee can make a claim for unused vacation.

To limit your liability your best option is to implement a reasonable cap on vacation accrual. “Reasonable” is open to interpretation, but it is usual one and one half to two times the annual accrual. For example, an employer’s policy provides for up to two weeks of accrual each year. The employer implements a policy that caps the accrual at four weeks. If an employee has four weeks (20 days) accrued and unused, the accrual stops until such time as the employee takes vacation and falls below the cap.

 

 

 

 

The Redlands Chamber of Commerce will present the Annual State of the Community Luncheon, Friday, June 24^th, 12:00 PM at the Orton Center, University of Redlands. Sponsored by The Ayers Hotel, Alta Vista Credit Union, Redlands Community Hospital, Kaiser Permanente, Southern California Gas Company, Walmart, Redlands Professional Firefighters Association, and San Bernardino Public Employees – Local 1932 (GEAR) the event allows Mayor Paul Foster and Council Members, Jon Harrison Pat Gilbreath, Paul Barich and John James, to address the community, discuss council focus, accomplishments and plans for the future.

“This event is an excellent opportunity for our Mayor and council members as well as city staff to meet with the citizens and business leaders to share accomplishments and challenges of the fiscal year and disclose their collective vision for both the immediate and long term goals for the future of Redlands”. said Jill Riley, Chamber President.

The cost of the luncheon is $35 per person, reservations are needed. It is expected to be a sold out event again this year. For more information or to make your reservation call the Chamber office at 793-2546.