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Exempt employees and the new Sick Law - discrepency California

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  • Exempt employees and the new Sick Law - discrepency California

    Hello,

    On the Notice To Employee, under the Paid Sick Leave section, the language starts off with "Unless exempt," Does this imply the new Sick Law and accrual of sick leave does not apply to exempt employees? Here:

    http://www.californiaemploymentlawre...anuary-1-2015/

    Yet I've read on many sites where it seems that exempt employees are also covered by the sick leave law. Example:

    http://www.shusny.com/PDFs/12_16-New...California.pdf

    And the law itself seems to account for exempt employees putting in over 40 hours a week, stating 40 hours will be used for accrual purposes:

    http://www.insidecounsel.com/2015/01...need-to-know-f

    So again, any clarity as to why the Notice Of Employee reads "Unless Exempt"?

    Thanks!

  • #2
    The notice form is only for nonexempt employees. http://law.onecle.com/california/labor/2810.5.html

    Exempt from OT employee do have to be given sick leave, but there are some employees who may be either exempt or non-exempt per FLSA, but who are exempt from the law. In other words, not everyone who receives a paycheck gets sick leave, whether or not they get OT.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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