Last November, the City of West Hollywood passed an ordinance implementing a new citywide minimum wage and leave requirement. It went into effect on January 1, 2022, for hotel employers and on July 1, 2022, for all other employers.
In response to public feedback on the ordinance, the City Council approved amendments on May 16, 2022.
The following amendments were implemented:
- Previously, the calculation of the number of employees for purposes of coverage of the ordinance was based on the calculation of employees from 2019. In the amendment, the number shall be determined by the number of employees employed per quarter during the most recent calendar year. For new employers, an initial determination of size shall be based upon the actual number of hires at the time of opening.
- In the original ordinance, employers were required to provide a cash payment once every 30 days for accrued compensated time over the maximum accrual. The amendment eliminates the cash payout requirement.
- In the original ordinance, employers could only seek one-year waivers for the minimum wage requirements of the ordinance. The amendment extends the one-year waiver for financial hardship to compliance with the paid leave portions of the ordinance.
The City also published administrative regulations to assist in the implementation of the ordinance. The regulations provide guidance in areas such as:
- Calculation of Number of Employees
- Methods for Distribution of Compensated and Uncompensated Leave
- Guidance for Application of Waivers for Certain Employers
- Required Notices
Jackson Lewis continues to track employment regulations across the state. If you have questions about compliance with the new West Hollywood ordinance or related questions, contact a Jackson Lewis attorney to discuss.