2019 Paid Sick Leave Ordinance
The Albuquerque Hispano Chamber of Commerce is opposed to the proposed Bernalillo County Paid Sick Leave ordinance for the reasons, including, but not limited to as follows:
This ordinance would create a disparate and adverse impact on Hispanic businesses and the Hispanic community because:
- Hispanic and Latina-Owned Businesses are the fastest growing sectors of small business owners
- The Ordinance effects the North and South Valley which is predominately Hispanic
- The Ordinance may effect sectors of the economy that are predominately Hispanic or serve the Hispanic community
The ordinance thus, disadvantages local businesses that compete for business with National chains that may already have such a benefit
Ninety-five percent of local governments in the country do not have a paid sick leave ordinance
When local governments that have adopted similar mandates (Seattle, New York City, and Los Angeles) they have economies wealthier than Bernalillo County and thus could sustain the economic consequences
This ordinance robs small businesses of the flexibility to provide employees leave that best accommodates the employees and the businesses.
The definition of “family” is overly broad and could lead to abuse of the policy.
The definition of “employee” should not include part-time, temporary, or seasonal workers. The cost of such a benefit is terribly burdensome on small businesses.
Including every business with more than two employees disproportionally hurts small businesses that can’t absorb the cost and either they will close their doors or pass along the costs to consumers
Employers should not be responsible for paying medical costs when requiring medical documentation for use of paid sick leave if the leave is medically justified.
Requiring small businesses to track this information can be burdensome and expensive, especially at the risk of law suits or loss of business license for a violation.
Small employers would have to hire a lawyer, or consultants just to ensure proper administration and compliance, expenses that they cannot afford.
Employers should not be subject to civil action for violation of the ordinance.
The ordinance adds additional burdens and expenses to small businesses that are bracing for the minimum wage increase passed this legislative session.
Requiring small businesses that are required to keep mandatory staffing ratios, like senior care centers and day cares, may leave the most vulnerable at risk because they cannot afford to pay both the employee out on leave and staff to cover for them at the same time and may be forced to close down.