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Labor Law Employee Count Threshold for ApplicationEmployee-Level Thresholds for ApplicationEmployment Relationships ImpactedShort Description (text is as provided by San Francisco website. Emphasis is noted in BOLD, additional points are marked with an asterix.Supporting DocumentationKey Points on Application / UtilizationImportant DatesWhat HR should convey to managers/rest of business (in progress)Additional guidance for HR teamsPosted Notice Required?Postable Notice Link
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Minimum Wage OrdinanceAll Employers (no minimum headcount)1) Employee must work at least two or more hours per week. (Adults and minors)Full Time, Part Time and TemporaryEmployees that perform work in San Francisco, including part-time and temporary employees, must be paid no less than the San Francisco minimum wage, currently $15.59 per hour. (This has been the effective rate since July 1, 2019). It adjusts annually on July 1.http://www.sfgov.org/olse/mwo• As a baseline rule, any person employed by your organization must be paid $15.00 on an hourly basis.
• Minimum wage is adjusted on an annual basis on July 1, 2018.		July 1, 2019 - minimum wage will be adjusted based on Cost of Living index.1) Ensure managers know current minimum wage and that it adjusts on July 1st.A) You can see a history of recent increases to the minimum wage here: https://sfgov.org/olse/historical-wage-rates-definition-government-supported-employee)Yeshttps://sfgov.org/olse/sites/default/files/Document/minimum%20wage%20poster%20v%206.2.pdf
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Paid Sick Leave OrdinanceAll Employers (no minimum headcount)1) Employees who perform work in San Francisco are covered by the Ordinance only if they perform 56 or more hours of work in San Francisco within a calendar year. (Note: if employee is remote/partially present, some adjustments may apply).Full Time, Part Time and TemporaryThe San Francisco Paid Sick Leave Ordinance (PSLO) requires employers to provide paid sick leave to all employees (including temporary and part-time employees) who perform work in San Francisco. Employees earn 1 hour of paid sick leave for every 30 hours worked.

Employers with 10 or more employees may cap an employee's sick time balance at 72 hours. Employers with fewer than 10 employees may cap an employee's sick time balance at 40 hours.		http://www.sfgov.org/olse/psloHow it is accrued:
• One hour of paid sick leave for every 30 hours worked
• Employees begin accruing sick leave on the 1st day of employment
• Employers with 10 or more employees must allow employees to accrue at least up to 72 hours.
• Employers with less than 10 employees may provide paid sick leave in (two) different ways:
1) Allow employees to accrue up to at least 48 hours; or
2) Provide an “advance” of 24 hours or 3 days of paid sick leave to comply with the State law “up-front option,” and later allow employees to accrue up to 40 hours to comply with SF law.
• Accrued paid sick leave carries over from year to year
• Amount of available paid sick leave must be listed on each paycheck or wage statement.
***Non-Exempt employees also accrue based on overtime.

How it can be used:
• Can start using paid sick leave on the 90th day of employment
• May use paid sick leave for an existing health condition or
preventive care, or for specific purposes for an employee who is a victim of domestic violence, sexual assault, or stalking
• May use paid sick leave for employee’s own care or care of a specified family member or designated person		N/A1) Managers should consult with HR when an employee takes sick time for proper reporting.
2) Accrual starts at beginning of employment. But it cannot be utilized until the 90th day of employment.
3) Sick leave can be for the employee or someone in their care. (Doesn't have to be the actual employee).		A) San Francisco offered additional guidance regarding the nitty gritty components of the law. If you find yourself in doubt, consult this document: https://sfgov.org/olse/sites/default/files/Document/PSLO%20Final%20Rules%2005%2007%202018%20to%20post.pdf.Yeshttps://sfgov.org/olse/sites/default/files/Document/Paid%20Sick%20Leave%20Poster%20-%20Post.pdf
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Lactation in the WorkplaceAll Employers (no minimum headcount)1) Employees who perform work in San Francisco on an occasional basis are covered by the Ordinance only if they perform 56 or more hours of work in San Francisco within a calendar year. Employees returning from a leave of absence are covered by the Ordinance if they performed 56 or more hours of work in San Francisco in the calendar year preceding the leave or if there is a reasonable expectation that the Employee will perform 56 or more hours of work in San Francisco in the calendar year following the leave.

Special Circumstance 1: Employees are still covered by the ordinance while working from home. (However, the full extent of that application is unclear).
Special Circumstance 2: Employees are still covered by the ordinance during retreats and work functions outside of the office in San Francisco. Employees are also covered during work trips.		“Employee” shall mean any person who is employed within the geographic boundaries of the City by an Employer, including part-time Employees.Employers must provide employees with lactation breaks and a lactation location, and must have a policy that explains how employees will make a request for lactation accommodation.

The Lactation in the Workplace Ordinance also defines minimum standards for lactation accommodation spaces, requires that tenant improvements in buildings designated for certain uses include lactation rooms, and outlines lactation accommodation best practices.		https://sfgov.org/olse/lactation-workplaceThe Lactation in the Workplace Ordinance requires Employers to:
1. Provide a reasonable amount of break time for Employees to express breast milk;
2. Provide a location for lactation, other than a bathroom, that:
a) Is shielded from view and free from intrusion; b) Is safe and clean; c) Contains a surface; d) Contains a place to sit; e) Has access to electricity;
3. Provide access to a refrigerator and a sink with running water; and
4. Develop and implement a Lactation Accommodation policy that affirms an Employee’s
right to Lactation Accommodation and explains how Employees may request it.
In limited circumstances, the law provides for exemptions from requirements 1 – 3 above if the Employer can show that the requirements would impose an undue hardship.

***Employer may not impose a limit on the duration of the accommodation (months or years)
***Travel time between location location and refrigeration/sink area does not count towards the break time.
***The break time shall, if possible, run concurrently with any break time already provided to the Employee. (However, if additional time is needed, it can be considered unpaid). (Law also provides for variance in occurances and duration on a regular basis; if employer feels this is a hardship, they must provide proper documentation).
***Employers are not required to provide a Lactation Location unless and until an Employee requests Lactation Accommodation		N/AA) San Francisco offered additional guidance regarding the nitty gritty components of the law. If you find yourself in doubt, consult this document: https://sfgov.org/olse/sites/default/files/Final%20Lactation%20in%20the%20Workplace%20Rules%20-%20July%2025%202018.pdf
B) San Francisco does not require a standard poster (like the Minimum Wage Ordinance). However, they do provide a model policies for employers to utilize.		NoNone required. However, you should create a written policy (models on the SF website).
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Parity in Pay Ordinance (aka. Employer Consideration of Salary History)All Employers (no minimum headcount)Since this relates to pre-employment, there is not a minimum threshold for work within the organization. (While the ordinance does not readily say it, my belief is that this rule should apply the lower threshold (ie. if the employee may perform some work in San Francisco; employee is remote but HQ is in San Francisco, the rule applies regardless)."Employment" shall mean any occupation. vocation. job, or work, including but not limited to temporary or seasonal work. part-time work. contracted work. contingent work. working on commission, and work through the services of a temporary or other employment agency for which the Applicant is to receive a Salary. Employment does not include work as an independent contractor.The Consideration of Salary History Ordinance bans employers, including City contractors and subcontractors, from considering current or past salary of an applicant in determining whether to hire the applicant or what salary to offer the applicant.

The ordinance also prohibits employers from (1) asking applicants about their current or past salary or (2) disclosing a current or former employee’s salary history without that employee’s authorization unless the salary history is publicly available.		https://sfgov.org/olse/consideration-salary-history-ordinance• Employers may not inquire about a job applicant’s prior salary or wages.
• Employers may not consider salary history when determining whether to offer employment to an applicant, or what salary to offer.
• An applicant may choose to share salary history information voluntarily and without prompting. If the applicant does so, the employer may consider that information in determining the salary to offer that applicant.
• Employers may not disclose the salary history of a current or former employee to that person’s prospective employer without written permission from that employee.
• Employers may not retaliate against applicants who do not disclose salary history information		N/AA) San Francisco has not yet posted a document outlining the nitty gritty interpretation of this ordinance. However, you can read the full text of the legislation for further guidance: https://sfgov.legistar.com/View.ashx?M=F&ID=5328258&GUID=A694B95B-B9A4-4B58-8572-E015F3120929)Yeshttps://sfgov.org/olse/sites/default/files/Document/Consideration%20of%20Salary%20History%20Poster%20upload.pdf
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Fair Chance Ordinance (aka "Ban the Box")5 or more Employees (Total, Across All Locations)Since this relates to pre-employment, there is not a minimum threshold for work (hours of service rendered) within the organization. However, it applies to "any position where the employee works/will work at least 8 hours/week in SF""Employment" shall mean any occupation, vocation, job, or work, including but not limited to temporary or seasonal work, part-time work, contracted work, contingent work, work on commission, and work through the services of a temporary or other employment agency, or any form of vocational or educational training with or without pay."The Fair Chance Ordinance (FCO) requires employers to follow strict rules regarding applicants’ and employees’ arrest and conviction record(s) and related information. Employers with 5 or more employees (total worldwide) and City contractors, subcontractors, and leaseholders are covered by the FCO.

The FCO applies to positions in which the employee works or will work at least eight hours per week in San Francisco, including temporary, seasonal, part-time, contract, contingent, and commission-based work. It also covers work performed through the services of a temporary or other employment agency, and any form of vocational or educational training - with or without pay.		https://sfgov.org/olse/index.aspx?page=6599
• An employer MAY NOT ask about arrests or convictions on a job application.
• Only AFTER a conditional offer of employment may an employer conduct a background check, or inquire about convictions or unresolved arrests.
• After making a conditional offer of employment, an employer may consider only convictions that are directly related to the job, but may NEVER consider any of the following:
a) An arrest not leading to a conviction (except for unresolved arrests);
b) Participation in a diversion or deferral of judgment program;
c) A conviction that has been dismissed or expunged;
d) A conviction in the juvenile justice system;
e) A conviction that is more than 7 years old (unless the position supervises or provides services to minors, seniors, or dependent adults);
f) Infractions (except driving record infractions when driving is part of the job); or
g) A conviction for decriminalized conduct, including the non-commercial use and cultivation of cannabis
• Before taking any adverse action, such as not hiring an applicant because of a conviction, the employer must:
1) Notify the applicant or employee and provide a copy of the background check, if any;
2) Give the applicant or employee 7 days to respond with evidence of inaccuracies on the background check or evidence of rehabilitation or other mitigating factors.
3) Reconsider the action based on evidence the applicant or employee provides.

***Rules on Job Announcements:
* Cannot say that someone with arrests or convictions will not be considered, or that a background check must be “passed.”
* Must include an affirmative statement of compliance with the FCO: “Pursuant to the San Francisco Fair Chance Ordinance, we will consider for employment qualified applicants with arrest and conviction records.”
N/AA) San Francisco provided a briefing document (in PowerPoint form, as a PDF) accessible here: https://sfgov.org/olse/sites/default/files/Document/FCO%20Webinar%20Slides%20Presentation%2010%2002%202018.pdfYeshttps://sfgov.org/olse/sites/default/files/Document/FCO%20Poster%20Set%20All%20Languages%2010%2001%2018.pdf
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Health Care Security Ordinance20 or more Employees (Total, Across all Locations) 1) Employees employed for at least 90 calendar days at the company and work at least 8 hours per week (104 per quarter) in San Francisco.

2) Not Covered (Exempt from the HCSO)
- Managers/Supervisors. Must satisfy (1) job duties test and (2) salary requirement of $95,101/yr (2017), $97,722/yr (2018)
- Medicare or TRICARE
- Employees covered by the Health Care Accountability Ordinance (HCAO)
- Employees who are receiving health care services through another employer and who voluntarily sign an OLSE Employee Waiver Form		1) "Qualifies as an employee entitled to payment of minimum wage pursuant to the Minimum Wage Ordinance, Chapter 12R of the San Francisco Administrative Code"

2) An employee’s status, title, or classification as seasonal, permanent or temporary, full-time or part-time, exempt or non-exempt, unionized or not unionized, salaried or hourly, or contracted (whether employed directly by the employer or through a temporary staffing agency, leasing company, professional employer organization, or other entity) or commissioned shall not be considered in determining whether that employee is a Covered Employee.		Businesses with a total of 20 or more workers worldwide (and nonprofit organizations with 50 or more workers worldwide) must spend a minimum amount on health care benefits for each of their “covered employees” – generally, those employees who work 8 or more hours per week in San Francisco and have been employed for more than 90 days.

* Employers with 20-99 workers must spend at least $1.95 for each hour payable for each covered employee.
* Employers with 100+ workers must spend at least $2.93 for each hour payable for each covered employee.

These expenditures must be made for each employee within 30 days following the end of each calendar quarter. As long as they make the minimum required expenditures, employers may choose how they spend the money. (For example, employers may pay for health insurance, make payments to the City’s health benefit program (called the City Option), etc.		http://www.sfgov.org/olse/hcsoOptions to satisfy ESR:
• Provide health insurance:
• medical, dental, and/or vision premiums
• covered employees and/or their spouses, partners, children, or other dependents
• Contribute to SF City Option
• Contribute to a Health Savings Account, Medical Savings Account, or other irrevocable reimbursement account
• Combination of these options		April 1, 2019 - April 30, 2019 - Employers must submit a report on an annual basis by April 30, 2019. (Per SF website: The 2018 Employer Annual Reporting Form will be available online by April 1, 2019, and will be due by April 30, 2019).A) The City provided a web-based training PPT in PDF format, located here: https://sfgov.org/olse/sites/default/files/Self-Funded%20Plans-Webinar%20for%202018.pdf
B) If an employee waives benefits, they must complete the standard City form, located here: https://sfgov.org/olse/sites/default/files/Document/HCSO%20Files/Employee%20Voluntary%20Waiver%20Form%20-%202018%20update%20Final.pdf
C) The "San Francisco City Option" exists as an alternative. However, given the audience of this document, I am not placing any focus on this. (I'm making the assumption that near all tech employers will make significant expenditures on employee medical/dental/vision benefits. If the company has unique arrangements, I recommend they consult with their Employment Counsel).
D) There are a handful of recordkeeping requirements (a bit much to explain succinctly here), so see this link: https://sfgov.org/olse/i-employer-recordkeeping-requirements		Yeshttps://sfgov.org/olse/sites/default/files/Document/HCSO%20Files/2019%20HCSO%20Poster%20Final.pdf
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Family Friendly Workplace Ordinance20 or more Employees (Total, Across all Locations) 1) Has been employed by the Employer for six months or more; and
2) Regularly works at least 8 hours per week in San Francisco.		All employees should be counted, including those inside and outside of San Francisco, regardless of their status or classification as seasonal, commissioned, permanent or temporary, or full-time or part-time.The San Francisco Family Friendly Workplace Ordinance (FFWO) gives certain EEs the right to request flexible or predictable work arrangements to assist with caregiving responsibilities.

Covered EEs may request flexible or predictable working arrangement to assist with care for:
a) a child or children under the age of eighteen;
b) a person or persons with a serious health condition in a family relationship with the EE; or
c) a parent (age 65 or older) of the employee.

Within 21 days of an EEs request for a flexible or predictable working arrangement described above, an employer must meet with the EE regarding the request. The employer must respond to an EEs request within 21 days of that meeting. An employer who denies a request must explain the denial in a written response that sets out a bona fide business reason for the denial and provides the EE with notice of the right to request reconsideration.		https://sfgov.org/olse/index.aspx?page=6305To make a request for a flexible or predictable working arrangement, an employee must be a caregiver,
meaning, he or she is a primary contributor to the ongoing care of any of the following:
(1) A child or children for whom the employee has assumed parental responsibility.
(2) A person or persons with a serious health condition in a family relationship with the caregiver.
(3) A parent age 65 or over of the caregiver.		N/AA) The City has a (slightly dated) PPT in PDF form on their website: https://sfgov.org/olse/sites/default/files/FileCenter/Documents/11327-FFWO%20Roundtable%20Draft%20for%2011_13v3%20%5BCompatibility%20Mode%5D.pdf
B) I also recommend viewing this PDF summary: https://sfgov.org/olse/sites/default/files/FileCenter/Documents/12080-FFWO%20FAQs%20Final%200725.pdf
C) The Ordinance requires light recordkeeping requirements: Maintain records about requests for flexible or predictable work arrangements for 3 years from the date of an employee’s request. Allow OLSE access to records to monitor compliance.		Yeshttps://sfgov.org/olse/sites/default/files/FileCenter/Documents/11256-FFWO%20Official%20Notice.pdf
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Paid Parental Leave Ordinance20 or more Employees (Total, Across all Locations)
1) Who began employment with the covered employer at least 180 days prior to the start of the leave period;
2) Who performs at least eight hours of work per week for the employer in San Francisco; At least 40% of whose total weekly hours worked for the employer are in San Francisco; and
3) Who is eligible to receive paid family leave compensation under the California Paid Family Leave law for the purpose of bonding with a new child.		"Covered Employee” means any person, including but not limited to part-time and temporary employees,Employees who receive California Paid Family Leave benefits to bond with a new child are entitled to up to 6 weeks of supplemental compensation from their employer. (increases to 8 weeks as of July 1, 2020). Employers with 20 or more employees worldwide are covered by the law.

During the leave period, employers are required to provide supplemental compensation in an amount such that the California Paid Family Leave wage replacement plus the supplemental compensation equals 100% of the employee’s gross weekly wage. (Please note that not all employees will receive 100% of their gross weekly wage. The ordinance requires employers to pay supplemental compensation during the 6-week leave period.		https://sfgov.org/olse/paid-parental-leave-ordinanceA) Employees must first apply for California Paid Family Leave before seeking San Francisco Paid Parental Leave benefits.N/AA) The City has a PPT in PDF form, located here: https://sfgov.org/olse/sites/default/files/PPLO%20May%207%20Webinar%20Presentation.pdf
B) The City has a brief guide to initiating Paid Parental Leave here: https://sfgov.org/olse/sites/default/files/PPLO%20-%20Employee%20Step-by-Step%20Guide.pdf
Yeshttps://sfgov.org/olse/sites/default/files/Document/2018%20parental%20leave%20poster%20FINAL%20Print.pdf
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To be added / Regional Ordinances
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Bay Area (San Francisco) Commuter Benefits OrdinanceA location in San Francisco and 20 or more employees nationwide. (Different / additional reporting requirements at 50+ Bay Area EEs)1. Qualifies as an employee entitled to payment of minimum wage from the
employer under the California minimum wage law, or who is a participant in a
Welfare-to-Work Program; or
2. Performed on average at least ten (10) hours of work per week for compensation
for the employer within San Francisco within the previous calendar month		The San Francisco Commuter Benefits Ordinance requires businesses to offer one of the following transportation benefits:

a) Pre-Tax Benefit – A monthly pre-tax deduction, up to $260/month, to pay for transit or vanpool expenses
b) Employer-Paid Benefit – A monthly subsidy for transit or vanpool expenses equivalent to the price of the San Francisco Muni "A" Pass (including BART travel). View the current monthly fare.
c) Employer-Provided Transportation – A company-funded bus or van service to and from the workplace
d) Any combination of the above		https://sfenvironment.org/sites/default/files/fliers/files/sfe_tr_cbo_rulesandregulations_mnsignedelec.pdfA) SF Environment has a fairly in-depth guide for employers on implementation: https://sfenvironment.org/sites/default/files/fliers/files/sfe_tr_cbo_employer_guide.pdf
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