Last night, the California Labor Commissioner released the CA COVID-19 Supplemental Paid Sick Leave for Food Sector Workers poster. Employers who are covered under California’s new supplemental paid sick leave requirement for food sector workers (Executive Order N-51-20) must post this notice in a conspicuous place. If the employer’s food sector workers don’t frequent the workplace, then the employer may electronically distribute the notice.
As previously reported, Governor Gavin Newsom’s executive order establishes a mandatory supplemental sick leave for employers with 500 or more employees who are covered by Industrial Welfare Commission Wage Orders 3, 8, 13 and 14, and Health & Safety Code section 113789. Eligible employees may take up to 80 hours of sick leave, paid at the highest of: the regular rate of pay for the last pay period, state minimum wage or local minimum wage. However, the rate of pay is capped at $511 per day and $5,110 total.
This new leave is in addition to California’s mandatory paid sick leave law, the Healthy Workplaces, Healthy Families Act, which requires all employers to provide three days or 24 hours of mandatory paid sick leave. Many California localities also have sick leave mandates, many of which exceed California’s minimum requirements. Several localities have recently passed COVID-19-related emergency paid sick leave (including Los Angeles City and San Jose).
Employers who fall under the new COVID-19 Supplemental Paid Sick Leave law are encouraged to visit the California Labor Commissioner’s website, which includes frequently asked questions.