San Diego City Council Passes Minimum Wage, Sick Leave Ordinance

Author: Michael Cardman, XpertHR Legal Editor

July 31, 2014

The San Diego City Council has passed a new ordinance requiring employers to provide employees working in city limits a minimum wage and paid sick leave, starting in 2015.

San Diego Mayor Kevin Faulconer told the Los Angeles Times that he would veto the ordinance. He has until August 12 to do so.

If the ordinance is vetoed, the City Council would have 30 days to override the veto. The ordinance was passed July 28 by a margin of 6-3, so the council has the votes to override the veto. When asked by XpertHR if the council is planning to override the veto, a spokeswoman for City Council President Todd Gloria replied that an override would not be considered "until a veto occurs."

Under the new ordinance, the minimum wage will start at $9.75, effective January 1, 2015, then rise to $10.50 in 2016 and to $11.50 in 2017. Starting January 1, 2019, and every January 1 thereafter, the minimum wage will be adjusted for inflation, as measured the Consumer Price Index.

The new ordinance also requires employers to provide employees paid sick leave. Sick leave will accrue at a rate of one hour for every 30 hours worked up to a limit of 40 hours per year, beginning April 1, 2015, or the employee's start of employment, whichever is later. Employees may use their sick leave for illness, injury, medical conditions, diagnosis and other reasons, starting July 1, 2015, or after the employee's 90th day of employment, whichever is later.

Employers that already provide paid time off, vacation or personal days are not required to provide additional earned sick leave beyond what the ordinance requires.