California has enacted legislation (Senate Bill 95) that requires employers with more than 25 employees to provide COVID-19 supplemental paid sick leave to employees. The leave requirement applies retroactively to January 1, 2021 and will remain in effect through September 30, 2021.

The California Department of Fair Employment and Housing (DFEH) has published new guidance answering questions about upholding state nondiscrimination requirements during the COVID-19 pandemic. The guidance addresses vaccination policies and practices and other topics.

Several cities and counties in California have approved ordinances that require employers to provide hazard pay (premium pay in addition to the employee's regular rate of pay) to certain employees. The following chart provides a brief overview of these requirements. Many of these laws also have notice, recordkeeping, and other requirements. Employers in these jurisdictions should read the ordinances in full to determine their full compliance requirements.

The city of Santa Rosa (CA) has approved an emergency ordinance that temporarily reinstates a requirement for employers to provide paid sick leave to employees for reasons related to COVID-19. This leave requirement is in effect from February 2, 2021 through March 31, 2021.

As previously communicated, on September 30, 2020, California Governor Gavin Newsom signed into law Senate Bill 973, a new pay data reporting requirement. Covered employers will have to provide California's Department of Fair Employment and Housing (DFEH) with pay data by specified job categories and by race, ethnicity and sex. The reports will be due on an annual basis, starting March 31, 2021, for calendar year 2020.

The city of San Jose (CA) has adopted an emergency ordinance that extends and expands a requirement for employers to provide paid sick leave to employees for reasons related to COVID-19. The ordinance is in effect through June 30, 2021.

The Department of Industrial Relations (DIR) has adopted emergency rules related to protecting workers from COVID-19, including a requirement for employers to adopt a written prevention program. The emergency rules take effect immediately.

The minimum wage in the city of San Jose, California will increase to $15.45 per hour on January 1, 2021.