San Francisco County Municipal Code Art. 1 Minimum Wage

Sec. 1.1. Title. Sec. 1.2. Authority. Sec. 1.3. Definitions. Sec. 1.4. Minimum Wage. Sec. 1.5. Notice, Posting and Payroll Records. Sec. 1.6. Retaliation Prohibited.

Sec. 1.7. Implementation and Enforcement. Sec. 1.8. Waiver Through Collective Bargaining. Sec. 1.9. Relationship to Other Requirements. Sec. 1.10. Application of Minimum Wage to Welfare-to-Work Programs. Sec. 1.11. Operative Date. Sec. 1.12. Severability. Sec. 1.13. Amendment by the Board of Supervisors. Sec. 1.14. Civil Actions. Sec. 1.15. Remedies Cumulative. Sec. 1.16. Administrative Penalties and Citations. Sec. 1.17. Violations. Sec. 1.18. Administrative Citation; Notice of Violation. Sec. 1.19. Administrative Citation and Notice of Violation; Service. Sec. 1.20. Administrative Citation; Contents. Sec. 1.21. Administrative Appeal. Sec. 1.22. Regulations. Sec. 1.23. Judicial Review. Sec. 1.24. Other Remedies Not Affected. Sec. 1.25. Outreach.

*Editor’s Note: Former Administrative Code Chapter 12R (“Minimum Wage”) was redesignated as Labor and Employment Code Article 1 by Ord. 221-23, File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024.

This Article shall be known as the “Minimum Wage Ordinance.” (Added as Administrative Code Sec. 12R.1 by Proposition L, 11/4/2003; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

This Article is adopted pursuant to the powers vested in the City and County of San Francisco (“the City”) under the laws and Constitution of the State of California and the City Charter including, but not limited to, the police powers vested in the City pursuant to Article XI, Section 7 of the California Constitution and Section 1205(b) of the California Labor Law. (Added as Administrative Code Sec. 12R.2 by Proposition L, 11/4/2003; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

It shall be unlawful for an Employer or any other party to discriminate in any manner or take adverse action against any person in retaliation for exercising rights protected under this Article. Rights protected under this Article include, but are not limited to: the right to file a complaint or inform any person about any party’s alleged noncompliance with this Article; and the right to inform any person of his or her potential rights under this Article and to assist him or her in asserting such rights. Protections of this Article shall apply to any person who mistakenly, but in good faith, alleges noncompliance with this Article. Taking adverse action against a person within ninety (90) days of the person’s exercise of rights protected under this Article shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights. (Added as Administrative Code Sec. 12R.6 by Proposition L, 11/4/2003; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

All or any portion of the applicable requirements of this Article shall not apply to Employees covered by a bona fide collective bargaining agreement to the extent that such requirements are expressly waived in the collective bargaining agreement in clear and unambiguous terms. (Added as Administrative Code Sec. 12R.8 by Proposition L, 11/4/2003; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

This Article provides for payment of a minimum wage and shall not be construed to preempt or otherwise limit or affect the applicability of any other law, regulation, requirement, policy or standard that provides for payment of higher or supplemental wages or benefits, or that extends other protections including, but not limited to, the San Francisco Minimum Compensation Ordinance. (Added as Administrative Code Sec. 12R.9 by Proposition L, 11/4/2003; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

PROGRAMS. The Minimum Wage established pursuant to Section 1.4 of this Article shall apply to the City’s Welfare-to-Work Programs under which persons must perform work in exchange for receipt of benefits. Participants in Welfare-to-Work Programs shall not, during a given benefits period, be required to work more than a number of hours equal to the value of all cash benefits received during that period, divided by the Minimum Wage. Where state or federal law would preclude the City from reducing the number of work hours required under a given Welfare-to-Work Program, the City may comply with this Section by increasing the cash benefits awarded so that their value is no less than the product of the Minimum Wage multiplied by the number of work hours required. (Added as Administrative Code Sec. 12R.10 by Proposition L, 11/4/2003; amended by Proposition J, 11/4/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

The changes to this Article adopted at the November 4, 2014 municipal election shall have prospective effect only and shall become operative on May 1, 2015.

(Added as Administrative Code Sec. 12R.11 by Proposition L, 11/4/2003; amended by Proposition J, 11/4/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

If any part or provision of this Article, or the application of this Article to any person or circumstance, is held invalid, the remainder of this Article, including the application of such part or provisions to other persons or circumstances, shall not be affected by such a holding and shall continue in full force and effect. To this end, the provisions of this Article are severable. (Added as Administrative Code Sec. 12R.12 by Proposition L, 11/4/2003; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

This Article may be amended by the Board of Supervisors as regards the implementation or enforcement thereof, but not as regards the substantive requirements of the Article or its scope of coverage. (Added as Administrative Code Sec. 12R.13 by Proposition L, 11/4/2003; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

In addition to the actions provided for in Section 1.7(c), the City Attorney may bring a civil action to enjoin any violation of this Article. The City shall be entitled to its attorney’s fees and costs in any action brought pursuant to this Section where the City is the prevailing party. (Added as Administrative Code Sec. 12R.14 by Ord. 205-06, File No. 060247, App. 7/25/2006; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

The remedies, penalties and procedures provided under this Article are cumulative and are not intended to be exclusive of any other available remedies, penalties and procedures. (Added as Administrative Code Sec. 12R.15 by Ord. 205-06, File No. 060247, App. 7/25/2006; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

The administrative citation under Section 1.16 shall include all the following: (1) A description of the violation; (2) The date and location of the violation(s) observed; (3) A citation to the provisions of law violated; (4) A description of corrective action required; (5) A statement explaining that each day of a continuing violation may constitute a new and separate violation; (6) The amount of administrative penalty imposed for the violation(s); (7) A statement informing the violator that the fine shall be paid to the City and County of San Francisco within thirty (30) days from the date on the administrative citation, the procedure for payment, and the consequences of failure to pay; (8) A description of the process for appealing the citation, including the deadline for filing such an appeal; and (9) The name and signature of the Director. (Added as Administrative Code Sec. 12R.20 by Ord. 205-06, File No. 060247, App. 7/25/2006; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

The administrative citation procedures established in this Article shall be in addition to any other criminal, civil, or other remedy established by law which may be pursued to address violations of this Article. An administrative citation issued pursuant to this Article shall not prejudice or adversely affect any other action, civil or criminal, that may be brought to abate a violation or to seek compensation for damages suffered. (Added as Administrative Code Sec. 12R.24 by Ord. 205-06, File No. 060247, App. 7/25/2006; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

The Office of Labor Standards Enforcement shall establish a community-based outreach program to conduct education and outreach to employees. In partnership with organizations involved in the community-based outreach program, the Office of Labor Standards shall create outreach materials that are designed for workers in particular industries. (Added as Administrative Code Sec. 12R.25 by Ord. 205-06, File No. 060247, App. 7/25/2006; amended by Ord. 175-11, File No. 110594, App. 9/16/2011, Eff. 10/16/2011; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

The Office of Labor Standards Enforcement shall provide annual reports to the Board of Supervisors on the implementation of the Minimum Wage Ordinance. (Added as Administrative Code Sec. 12R.26 by Ord. 205-06, File No. 060247, App. 7/25/2006; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)