Emeryville, Calif. adopts minimum wage, paid sick leave regs

Two years ago, Emeryville, Calif. passed its Minimum Wage, Paid Sick Leave, and Other Employment Standards Ordinance. Now the city manager has released the regulations implementing the ordinance.

Find details at www.ci.emeryville.ca.us/1024/Minimum-Wage-Ordinance.

Small and large employers face different requirements—the cut-off is 55 or fewer employees and 56 or more. Employers must now calculate the number of employees on a quarterly basis. Previously, only employers with fluctuating workforce numbers had to recalculate quarterly.

Emeryville’s minimum wage is pegged to the consumer price index, but it can never decline. Should the CPI fall in any given year, the minimum wage will not decrease, merely stay the same for that year.

The ordinance did not address how FLSA-exempt employees’ hours would be calculated for leave purposes. The regulations state that exempt employees are assumed to work 40 hours per week unless the employer can show they regularly work fewer hours per week.

Although the ordinance did not authorize safe-time leave, the regulations, like state law, allow domestic violence victims safe-time leave. Emeryville employers should consult an attorney with any questions.