By Elizabeth Kay
Complying with City Requirements While Working-From-Home
Here in the Bay Area, many cities have their own ordinances and laws surrounding health benefit offerings and paid sick leave. What many employers don’t realize is that they are subject to complying with these rules even if the business is not headquartered in these areas. Simply having employees working-from-home within the boundaries of these cities makes them subject to complying with the city laws and ordinances for those employees currently working there.
For example, the San Francisco Health Care Security Ordinance or HCSO requires that an employer with 20 or more employees globally pay a flat dollar amount towards health care expenditures to any employee per hour worked within the geographic boundaries of the City of San Francisco. So for an employer based in Union City, if they have employees who are now working from their home in San Francisco due to the COVID-19 pandemic, they are obligated to comply with the HCSO for these specific employees. This ordinance applies even for part-time employees so long as they meet the minimum hour threshold.
The City of Oakland has a more generous paid sick leave than the State of California mandated 3 days per year minimum. For any employees working from their homes in Oakland, the employer is obligated to comply with the additional required sick day accrual amounts.
Double Check That You Are in Compliance
Be sure you are in compliance with local laws and regulations for the cities and areas that your employees are working in, even when conducting work-from-home. Check with local government websites and agencies for information and requirements such as the HCSO informational page and the City of Oakland.
At AEIS, we take compliance seriously and help you to mitigate risks for your business. Reach out to us if you are interested in learning more about compliance. As always, for compliance related questions you can contact our Compliance Officer, Elizabeth Kay.
Disclaimer: Any information related to compliance or other subject matters in this email, including any attachments, is intended to be informational and does not constitute legal advice regarding any specific situation. The content of this blog is based on the most up-to-date information that was available on the date it was sent and could be subject to change. Should you require further assistance or legal advice, please consult a licensed attorney.