School’s out for summer — and your West Hollywood employees might be out too! Although many California employers already have policies guaranteeing time off, it is now a requirement for qualifying West Hollywood employers to provide time off to their employees.
On July 1, 2022, as part of the city’s minimum wage ordinance, West Hollywood employers must now provide at least 96 compensated hours and 80 uncompensated hours of leave to employees for sick leave, vacation or personal necessity. Employers must also provide part-time employees with compensated and uncompensated hours in increments proportional to that accrued by someone who works 40 hours in a week.
The West Hollywood minimum wage ordinance and its leave provisions apply to all employers who directly or indirectly employ or exercise control over the wages, hours or working conditions of any employee. It also applies to temporary employees and those hired through a staffing agency or similar entity.
As a reminder, West Hollywood’s increased minimum wage rate goes into effect on July 1, 2022:
- For employers with less than 50 employees, $16 per hour;
- For employers with 50 or more employees, $16.50 per hour; and
- All future increases will be determined by the annual Regional Consumer Price Index (CPI).
A one-year, one-time waiver may be granted to businesses who can demonstrate that complying with the minimum wage or leave provisions would force the business to:
- File bankruptcy or a shutdown;
- Reduce its workforce by more than 20 percent; or
- Curtail its employees’ total hours by more than 30 percent.
There are two separate waiver applications — one for the minimum wage ordinance and another for the leave provisions. Employers who apply for a waiver must provide written notice of their intent to do so to all employees, before submitting the waiver application, and again within three business days of the waiver determination.
Every employer in West Hollywood must post a copy of the city’s annual notice in a “clear and conspicuous” place to inform employees of the current minimum wage rate and their leave rights under the ordinance. Every employer shall post notices in English, Spanish and any other language spoken by at least 5 percent of the employees.
Employers who fail to comply with West Hollywood’s minimum wage ordinance and its leave provisions may be subject to administrative citations, penalties and civil actions.
Note: Portions of West Hollywood’s minimum wage and leave ordinances have industry specific rules that impact the hotel industry.