San Francisco County Municipal Code Art. 61 Parity in Pay

Sec. 61.1. Title. Sec. 61.2. Findings. Sec. 61.3. Definitions. Sec. 61.4. Prohibitions on Use of Salary History in Hiring. Sec. 61.5. Notice and Posting Requirements for Employers. Sec. 61.6. Implementation and Enforcement. Sec. 61.7. Undertaking for the General Welfare.

*Editor’s Note: Former Police Code Article 33J (“Parity in Pay”) was redesignated as Labor and Employment Code Article 61 by Ord. 221-23, File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024.

This Article 61 shall be known as the “Parity in Pay Ordinance.” (Added as Police Code Sec. 3300J.1 by Ord. 142-17, File No. 170350, App. 7/19/2017, Eff. 8/18/2017, Oper. 7/1/2018; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(a) The OLSE shall, by no later than the operative date of this Article 61, publish and make available to Employers, in English, Spanish, Chinese, and all languages spoken by more than 5% of the workforce in San Francisco, a notice suitable for posting by Employers in the workplace informing Applicants and employees of their rights under this Article. The OLSE 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 workforce in San Francisco. (b) Employers shall post the notice described in subsection (a) in a conspicuous place at every workplace, job site, or other location in the City or on City property, under the Employer’s control and frequently visited by their employees or Applicants, and shall send a copy of this notice to each labor union or representative of workers with which the Employer has a collective bargaining agreement or other agreement or understanding, that is applicable to employees in the City or on City property. The notice shall be posted in English, Spanish, Chinese, 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. 3300J.5 by Ord. 142-17, File No. 170350, App. 7/19/2017, Eff. 8/18/2017, Oper. 7/1/2018; 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 61, 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. 3300J.7 by Ord. 142-17, File No. 170350, App. 7/19/2017, Eff. 8/18/2017, Oper. 7/1/2018; 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 61, 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 this 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 ordinance or application thereof would be subsequently declared invalid or unconstitutional. (Added as Police Code Sec. 3300J.8 by Ord. 142-17, File No. 170350, App. 7/19/2017, Eff. 8/18/2017, Oper. 7/1/2018; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)