Employer Records
San Diego Municipal Code § 39.0109
in effect§39.0109 Employer Records
Employers must create contemporaneous written or electronic records documenting their Employees’ wages paid and accrual and use of Earned Sick Leave, provide these records to Employees on a regular basis, and retain these records for a period of at least three years. Employers must allow the Enforcement Official reasonable access to these records in furtherance of an investigation conducted pursuant to this Division. An Employer’s failure to create and retain contemporaneous written or electronic records documenting its Employees’ wages paid and accrual and use of Earned Sick Leave, or an Employer’s failure to allow the Enforcement Official reasonable access to records creates a rebuttable presumption that the Employer has violated this section and the Enforcement Official may rely on an Employee’s reasonable estimate regarding hours worked, wages that should have been earned, Earned Sick Leave that should have accrued, and Earned Sick Leave used.
(“Employer Records” added 2-8-2016 by O–20604 N.S.; effective 7-11-2016.)
(Amended 8-3-2016 by O-20706 N.S.; effective 9-2-2016.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter03/Ch03Art09Division01.pdf#page=10Fetched: 10/28/2026