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The Rise of Paid Sick Leave Mandates at the State and Local Level and Their Effect on Employers

BY Lisa M. Schmid
July 01, 2016

If you follow politics at all, you know that the United States Congress has essentially been mired in gridlock for quite some time, failing to adopt significant legislation in any area, including employment law. Congress' inaction has left a void for states and municipalities to fill, and more and more frequently, they are filling this void by adopting equal pay legislation, raising the minimum wage, or instituting paid parental leave.

The recent proliferation of paid sick leave mandates, which are typically popular with the general electorate, is another perfect example. To date, five states ' California, Connecticut, Massachusetts, Oregon, and Vermont ' have adopted paid sick leave laws that affect a significant number, if not all, of the employers in those states. In addition, numerous cities, including New York City, Philadelphia, San Francisco, Seattle, Washington, DC, and most recently, Minneapolis, have hopped on the bandwagon by adopting paid sick leave ordinances.

The rise of such laws and ordinances is not likely to stop any time soon, as many other states and cities, including, but not limited to, Alaska, Florida, Georgia, Hawaii, Louisiana, Maryland, Michigan, Minnesota, Nevada, New York, North Carolina, Chicago, and Los Angeles, have recently introduced and/or are contemplating paid sick leave measures. This patchwork of laws can create administrative and employee relations headaches not only for employers in these jurisdictions, but for employers in multiple jurisdictions or those who send their employees to work in these jurisdictions. To help employers understand what they are facing when it comes to paid sick leave laws, this article outlines how most of the paid sick leave provisions operate, addresses some common compliance pitfalls, and provides advice on compliance and future planning for all employers.

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