San Francisco County Municipal Code Art. 81 Residential Construction Wage

THEFT PREVENTION ORDINANCE* Sec. 81.1. Title. Sec. 81.2. Findings. Sec. 81.3. Definitions. Sec. 81.4. Reporting Requirements. Sec. 81.5. Bond. Sec. 81.6. Record-Keeping Requirements. Sec. 81.7. Exercise of Rights Protected; Retaliation Prohibited. Sec. 81.8. Implementation and Enforcement. Sec. 81.9. Appeal Procedure.

*Editor’s Note: Former Police Code Article 33O (“Residential Construction Wage Theft Prevention Ordinance”) was redesignated as Labor and Employment Code Article 81 by Ord. 221-23,

File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024.

This Article 81 shall be known as the Residential Construction Wage Theft Prevention Ordinance. (Added as Police Code Sec. 3300O.1 by Ord. 71-22, File No. 211297, App. 5/6/2022, Eff. 6/6/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

(a) Owners and Covered Contractors shall retain records documenting compliance with this Article 81 for a period of four years, and they shall allow the Agency access to such records, with reasonable notice. (b) If an Owner or Covered Contractor fails to comply with subsection (a), the Agency shall presume that the Owner or Covered Contractor, as applicable, has violated this Article 81, absent clear and convincing evidence otherwise. (Added as Police Code Sec. 3300O.6 by Ord. 71-22, File No. 211297, App. 5/6/2022, Eff. 6/6/2022; 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 81 shall not apply to employees of a Covered Contractor who is 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; provided, however, that a Covered Contractor shall provide an Owner proof of its exemption to be included in the Owner’s reports under Section 81.4. (Added as Police Code Sec. 3300O.10 by Ord. 71-22, File No. 211297, App. 5/6/2022, Eff. 6/6/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)