Several members of the San Francisco Board of Supervisors have sponsored and introduced the “Retail Workers Bill of Rights” ordinance. The legislation is being promoted by Jobs with Justice, a coalition of unions, community groups, faith-based organizations and student groups. The proposal in its current form will have substantial impacts on the business community including the restaurant industry.
Below are several key points of the legislation that are alarming and concerning:
Requirement To Offer Additional Hours Of Work To Current Part-time Employees
Requires Formula Retail employers to first offer to current part-time employees any additional hours of work before hiring new employees or using subcontractors or a temporary services or staffing agency to do work for the Formula Retail business. The employer must make the offer in writing.
The requirement applies to employers when (1) the current workers are qualified to do the work, as reasonably determined by the employer and (2) the work is the same or similar to the work the employees have performed for the Formula Retail business. The employer is required to offer only the number of hours that the employee requires in order to work 40 hours a week or 8 hours a day.
Requirement To Retain Employees For 90 Days Upon Sale Or Other Transfer of a Formula Retail Establishment
If a Formula Retail business changes ownership, the new Formula Retail employer (“Successor Employer”) must retain for 90 days the employees who worked for the former Formula Retail Employer (“Incumbent Employer”) for at least six months (other than supervisory, managerial, or confidential employees).
The ordinance requires the Incumbent and Successor Employers to following specific detailed steps for this section.
Requirement For Employers To Post, Maintain, And Make Records Available To The City
- Employers must retain for four years a copy of the written offer of additional hours made to part-time employees.
- Successor Employers must retain a copy of offers of employment made to the individuals on the Retention List after the sale or transfer of a business for at least four years.
- Successor Employer must retain the Retention List for at least four years.
- Employers must give the City access to employment and payroll records relating to their obligations under the ordinance.
The legislation has been placed on hold under the 30-day Rule and is expected to be heard by the San Francisco Board of Supervisors Land Use and Economic Development Committee in September.
If you have questions, please contact Javier Gonzalez, government affairs director, at 408.416.6344 or firstname.lastname@example.org.