Amendments Pass to San Francisco Retail Workers Bill of Rights

Jul 9 2015 - Workplace Policies - HRWatchdog

Last year, the San Francisco Board of Supervisors passed two ordinances called the Formula Retail Employee Rights Ordinances, also known as the “Retail Workers Bill of Rights,” addressing scheduling, hours and retention at retail establishments. Both ordinances became effective on July 3, 2015.

However, as reported last week, an amendment to the ordinances was proposed. On July 7th, the amendment was passed on final reading by the Board of Supervisors.

The amendment, among other things, narrows the number of employers covered by the ordinances.

The amendment includes the following changes:

  • Change from 20 to 40 the number of retail sales establishments worldwide a business must have to be covered by the ordinances;
  • Allow collective bargaining agreements covering employees of formula retail establishments or employees of property service contractors to waive the protections of the ordinances;
  • Provide employees scheduled to work on-call shifts with predictability pay if the employer modifies the scheduling of that shift with less than seven-days’ notice;
  • Provide that during the first three months following the July 3, 2015 operative date of the ordinances, the Office of Labor Standards Enforcement (OLSE) will only issue warnings and notices to correct to employers who have violated the ordinances;
  • Provide part-time employees with three days to accept any additional hours offered to them by their employers; and
  • Allow employers to notify employees of the offer of additional hours by posting a notice in a conspicuous location in the workplace.

These ordinances contain a posting requirement. Covered employers must post a notice prepared by the OLSE in a conspicuous place at any workplace or job site where any of its covered employees work. The notice must be posted in English, Spanish, Chinese, Tagalog and any other language spoken by at least five percent of the employees at the workplace or job site. The OLSE provides the notice in the four listed languages.

Note: the recent amendments require a change to the required notice. It will be updated by the OLSE.

More information about the Retail Worker Bill of Rights can be found on the OLSE website.

Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content

HRCalifornia members can read more about additional local ordinances in the HR Library. Not a member? See how HRCalifornia can help you.

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