San Francisco County Municipal Code Art. 42 Predictable Scheduling and Fair

TREATMENT FOR FORMULA RETAIL EMPLOYEES* Sec. 42.1. Title. Sec. 42.2. Findings and Purpose. Sec. 42.3. Definitions. Sec. 42.4. Advance Notice of Work Schedules and Changes in Work Schedules. Sec. 42.5. Equal Treatment for Part-Time Employees. Sec. 42.6. Notice of Employee Rights. Sec. 42.7. Requirements Governing Retention of Records. Sec. 42.8. Conflict with Family Friendly Workplace Ordinance.

Sec. 42.9. Exercise of Rights Protected; Retaliation Prohibited. Sec. 42.10. Investigation and Administrative Enforcement by the Agency. Sec. 42.11. Civil Enforcement. Sec. 42.12. Agency May Adopt Regulations. Sec. 42.13. No Limitation of Other Rights and Remedies. Sec. 42.14. Severability. Sec. 42.15. No Conflict with Federal or State Law. Sec. 42.16. Undertaking for the General Welfare. Sec. 42.17. Operative Date.

*Editor’s Note: Former Police Code Article 33G (“Predictable Scheduling and Fair Treatment for Formula Retail Employees”) was redesignated as Labor and Employment Code Article 42 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 “Predictable Scheduling and Fair Treatment for Formula Retail Employees Ordinance.” (Added as Police Code Sec. 3300G.1 by Ord. 241-14, File No. 141024, Eff. 1/4/2015, Oper. 7/3/2015; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(a) The Agency shall, no later than the operative date of this Article 42, publish and make available to Employers, in English, Spanish, Chinese, Tagalog, and all languages spoken by more than 5% of the San Francisco workforce, a notice suitable for posting by Employers in the workplace informing applicants and Employees of their rights under this Article. The Agency shall update this notice on December 1 of any year in which there is a change in the languages spoken by more than 5% of the San Francisco workforce. (b) Employers shall post the notice described in subsection (a) in a conspicuous place at every workplace, job site, or other location in San Francisco under the Employer’s control frequently visited by its Employees who perform work at the Employer’s Formula Retail Establishment(s). The notice shall be posted in English, Spanish, Chinese, Tagalog, and any language spoken by at least 5% of the Employees at the workplace, job site, or other location at which it is posted. (Added as Police Code Sec. 3300G.6 by Ord. 241-14, File No. 141024, Eff. 1/4/2015, Oper. 7/3/2015; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(a) Employers shall retain work schedules and payroll records pertaining to Employees for three years, and shall allow the Agency access to such records, with appropriate notice and during business hours, to monitor compliance with the requirements of this Article 42. (b) The Director of the Agency or the Director’s designee shall have access to all places of labor subject to this Article 42 during business hours to inspect books and records, interview employees, and investigate such matters necessary or appropriate to determine whether an Employer has violated any provisions of this Article. (c) Where an Employer does not maintain or retain adequate records documenting compliance with this Article 42 or does not allow the Agency reasonable access to such records, it shall be presumed that the Employer did not comply with this Article, absent clear and convincing evidence otherwise. (Added as Police Code Sec. 3300G.7 by Ord. 241-14, File No. 141024, Eff. 1/4/2015, Oper. 7/3/2015; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

If there is an unavoidable conflict between any requirement of this Article 42 and any requirement of the San Francisco Family Friendly Workplace Ordinance, Article 32 of the Labor and Employment Code, the requirements of the San Francisco Family Friendly Workplace Ordinance, Article 32 of the Labor and Employment Code shall prevail. (Added as Police Code Sec. 3300G.8 by Ord. 241-14, File No. 141024, Eff. 1/4/2015, Oper. 7/3/2015; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(a) It shall be unlawful for an Employer or any other Person to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right protected under this Article 42. (b) It shall be unlawful for an Employer to discharge, threaten to discharge, demote, suspend, or otherwise take adverse employment action against any Employee in retaliation for exercising rights protected under this Article 42. Such rights include but are not limited to: (1) the right to request a modification to the initial proposed work schedule provided under Section 42.4(a); (2) the right to inform any person about an Employer’s alleged violation of this Article; (3) the right to file a complaint with the Agency alleging a violation of this Article; (4) the right to cooperate with the Agency or other persons in the investigation or prosecution of any alleged violation of this Article; (5) the right to oppose any policy, practice, or act that is unlawful under this Article; and (6) the right to inform any person of his or her rights under this Article. (Added as Police Code Sec. 3300G.9 by Ord. 241-14, File No. 141024, Eff. 1/4/2015, Oper. 7/3/2015; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

The City Attorney may bring a civil action in a court of competent jurisdiction against an Employer, for violating any requirement of this Article and, upon prevailing, shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation including, without limitation, the payment of lost wages, the payment of an additional sum as a civil penalty not to exceed the amount awarded for lost wages, and reinstatement in employment and/or injunctive relief and shall be awarded reasonable attorneys’ fees and costs. (Added as Police Code Sec. 3300G.11 by Ord. 241-14, File No. 141024, Eff. 1/4/2015, Oper. 7/3/2015; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

The Agency may promulgate appropriate guidelines or rules to implement this Article 42. Such guidelines or rules shall be consistent with this Article and may be relied on by Employers, Employees, and other persons to determine their rights and responsibilities under this Article. Such guidelines or rules may establish procedures for ensuring fair, efficient, and cost-effective implementation and enforcement of this Article, including supplementary procedures for helping to inform Employees of their rights under this Article and for monitoring Employer compliance. (Added as Police Code Sec. 3300G.12 by Ord. 241-14, File No. 141024, Eff. 1/4/2015, Oper. 7/3/2015; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

This Article 42 does not in any way limit the rights and remedies that the law otherwise provides to Employees, including but not limited to the rights to be free from wrongful termination and unlawful discrimination. (Added as Police Code Sec. 3300G.13 by Ord. 241-14, File No. 141024, Eff. 1/4/2015, Oper. 7/3/2015; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

If any section, subsection, sentence, clause, phrase, or word of this Article 42, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Article. The Board of Supervisors hereby declares that it would have passed this Article and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Article or application thereof would be subsequently declared invalid or unconstitutional. (Added as Police Code Sec. 3300G.14 by Ord. 241-14, File No. 141024, Eff. 1/4/2015, Oper. 7/3/2015; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

Nothing in this Article 42 shall be interpreted or applied so as to create any right, requirement, power, or duty in conflict with any federal or state law. (Added as Police Code Sec. 3300G.15 by Ord. 241-14, File No. 141024, Eff. 1/4/2015, Oper. 7/3/2015; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

In enacting and implementing this Article 42, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Added as Police Code Sec. 3300G.16 by Ord. 241-14, File No. 141024, Eff. 1/4/2015, Oper. 7/3/2015; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

This Article 42 shall become operative 180 days after its effective date. (Added as Police Code Sec. 3300G.17 by Ord. 241-14, File No. 141024, Eff. 1/4/2015, Oper. 7/3/2015; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

For Employees of Formula Retail Establishments or Property Service Contractors covered by a bona fide collective bargaining agreement, all or any portion of the applicable requirements of this Article 42 shall not apply to the extent that such requirements are expressly waived in the collective bargaining agreement in clear and unambiguous terms. (Added as Police Code Sec. 3300G.18 by Ord. 117-15, File No. 150269, App. 7/15/2015, Eff. 8/14/2015; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(Added as Police Code Sec. 3300G.19 by Ord. 17-15, File No. 141265, App. 2/13/2015, Eff. 3/15/2015; expired 1/4/2016; redesignated in accordance with Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)