California’s Labor Commissioner has updated its FAQs concerning 2022 COVID-19 supplemental paid sick leave (CPSL), answering some of employers’ more pressing questions about how this year’s more unique law operates. The answers are welcome news to many.
One of the biggest questions about the law is on calculating business size. The 2022 law applies to employers with 26 or more employees. Employers with few employees working in California, but a larger U.S. footprint, wondered whether the law applies to them.
Though the Labor Commissioner does not provide a specific calculation to use, its response indicates the calculation includes more than just “in California” employees:
The numerical requirement is meant to exempt truly small employers. Although the statute does not specify how employers should count employees, the Labor Commissioner’s Office interprets this requirement consistent with how it counts employees for the purpose of minimum wage rates, as detailed in previously issued FAQs on the topic. If an employer has more than one facility, all employees are counted, as well as out-of-state employees; otherwise, a large employer could gain an unfair competitive advantage over similarly sized employer providing 2022 SPSL to its California employees and an unfair advantage over true small employers.
Click here for the FAQs.
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