Welcome to Oakland, Home to $12.25 an Hour and 72 Hours of Sick Leave

Although all California employees are now entitled to paid sick leave thanks to the Healthy Workplaces, Healthy Families Act of 2014, part of Labor Code section 2810.5, individuals working in the city of Oakland are getting even more thanks to Measure FF.  Passed in November 2014 and effective March 2, 2015, most Oakland employees will be able to accrue up to 72 hours (9 days) of sick leave and employees of small businesses (10 employees or less) will be able to accrue up to 40 hours (5 days) of sick leave.  Kin Care provisions (Labor Code section 233) will apply so leave can be used for family members and one designated other individual if the employee is neither married nor registered with a domestic partner.

In addition, the Oakland minimum wage will be $12.25 per hour.  This rate will apply to all individuals who work at least 2 hours a week within the city boundaries.

The measure, codified as Oakland Municipal Code section 5.92 et seq., also requires non-management hospitality workers to receive all service charges collected by their employer as a result of their labor.

In a unique provision, employers are barred from using existing benefits to offset the new minimum wage and sick leave provisions so no employee should suffer a loss of income to fund their sick leave entitlement.

By Caren Sencer | March 5, 2015

Legal Developments