San Francisco County Municipal Code Art. 72 Grocery Worker Retention

Sec. 72.1. Purpose. Sec. 72.2. Definitions. Sec. 72.3. Continued Employment of Eligible Grocery Workers. Sec. 72.4. Transition Employment Period. Sec. 72.5. Public Notice of Change in Control. Sec. 72.6. Remedies for Violation. Sec. 72.7. Exemption for Collective Bargaining Agreement. Sec. 72.8. No Limitation of Other Rights and Remedies.

*Editor’s Note: Former Article 33D (“Grocery Worker Retention”) was redesignated as Labor and Employment Code Article 72 by Ord. 221-23, File No. 230835, approved November 3, 2023,

effective December 4, 2023, and operative January 4, 2024.

Supermarkets and other grocery retailers are the main points of distribution for food and daily necessities for the residents of San Francisco and are essential to the vitality of the community. The City has a strong interest in ensuring the welfare of the residents of San Francisco through the maintenance of health and safety standards in grocery establishments. Experienced grocery workers with knowledge of proper sanitation procedures and health regulations and an understanding of the clientele and communities they serve are instrumental in furthering this interest. A transitional retention period upon change in ownership, control, or operation of grocery stores ensures stabilization of this vital workforce, which results in preservation of health and safety standards. Through this ordinance, the City seeks to sustain the stability of this vital workforce. (Added as Police Code Sec. 3300D.1 by Ord. 90-06, File No. 060395, App. 5/12/2006; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(a) The Incumbent Grocery Employer shall, within 15 days after the execution of the Transfer Document, provide to the Successor Grocery Employer the name, address, date of hire, and employment occupation classification of each Eligible Grocery Worker. (b) The Successor Grocery Employer shall maintain a preferential hiring list of Eligible Grocery Workers identified by the Incumbent Grocery Employer as set forth in subsection (a) of this section and shall be required to hire from that list for a period beginning upon the execution of the Transfer Document and continuing for 90 days after the Grocery Establishment is fully operational and open to the public under the Successor Grocery Employer. (c) If the Successor Grocery Employer extends an offer of employment to an Eligible Grocery Worker, the Successor Grocery Employer shall retain written verification of that offer for no less than three years from the date the offer was made. The verification shall include the name, address, date of hire, and employment occupation classification of each Eligible Grocery Worker to whom the offer was made. (Added as Police Code Sec. 3300D.3 by Ord. 90-06, File No. 060395, App. 5/12/2006; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(a) The Incumbent Grocery Employer shall post public notice of the Change in Control at the location of the affected Grocery Establishment within five business days after the execution of the Transfer Document. Notice shall remain posted during any closure of the Grocery Establishment and until the Grocery Establishment is fully operational and open to the public under the Successor Grocery Employer. (b) Notice shall include, but is not limited to, the name of the Incumbent Grocery Employer and its contact information, the name of the Successor Grocery Employer and its contact information, and the effective date of the Change in Control. (c) Notice shall be posted in a conspicuous place or places at the Grocery Establishment so as to be readily viewed by Eligible Grocery Workers, other employees, customers, and other members of the public. (Added as Police Code Sec. 3300D.5 by Ord. 90-06, File No. 060395, App. 5/12/2006; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

Parties subject to this Article may by collective bargaining agreement provide that the agreement supersedes the requirements of this Article. (Added as Police Code Sec. 3300D.7 by Ord. 90-06, File No. 060395, App. 5/12/2006; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

This Article does not in any way limit the rights and remedies that the law otherwise provides to Eligible Grocery Workers, including but not limited to the rights to be free from wrongful termination and unlawful discrimination. (Added as Police Code Sec. 3300D.8 by Ord. 90-06, File No. 060395, App. 5/12/2006; 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 in any circumstance, is enjoined or held invalid by a court of competent jurisdiction, the remainder of this Article, including the application of such part or provision in other circumstances, shall not be affected by such action and shall continue in full force and effect. To this end, the parts and provisions of this Article, and their application in particular circumstances, are severable. (Added as Police Code Sec. 3300D.9 by Ord. 90-06, File No. 060395, App. 5/12/2006; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)