San Francisco County Municipal Code Art. 111 Minimum Compensation

Sec. 111.1. Title. Sec. 111.2. Definitions. Sec. 111.3. Minimum Compensation Components. Sec. 111.4. San Francisco International Airport. Sec. 111.5. Contract Requirements. Sec. 111.6. Additional Contract Requirements. Sec. 111.7. Administration and Enforcement. Sec. 111.8. Liquidated Damages. Sec. 111.9. Investigation and Determination of Violations. Sec. 111.10. Waivers by the Agency. Sec. 111.11. Additional Waivers by the Agency – Nonprofit Corporations. Sec. 111.12. Special Waiver by the Public Utilities Commission. Sec. 111.13. Waiver Through Collective Bargaining. Sec. 111.14. City Departments to Cooperate with Agency. Sec. 111.15. Relationship to Other Requirements. Sec. 111.16. Report by Airport Director. Sec. 111.17. Preemption. Sec. 111.18. Effective Date.

*Editor’s Note: Former Administrative Code Chapter 12P (“Minimum Compensation”) was redesignated as Labor and Employment Code Article 111 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 Compensation Ordinance.” (Added as Administrative Code Sec. 12P.1 by Ord. 216-00, File No. 001272, App. 8/9/2000; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

CORPORATIONS. A Nonprofit Corporation may seek a waiver from the requirements of Section 111.3(a)(1) if the highest paid managerial position in the organization earns a salary which, when calculated on an hourly basis, is not more than six (6) times the lowest wage paid by the organization to a Covered Employee. The Nonprofit Corporation shall provide to the Contracting Department a written statement, prepared and signed by the Nonprofit Corporation, setting forth an explanation of the economic hardship to the Nonprofit Corporation or the negative impact on services that would result from compliance with this Article. If the Contracting Department determines that the written explanation is adequate to justify the waiver and that substantial evidence supports the written explanation, it shall recommend the requested waiver to the Agency. The Agency shall grant the requested waiver. Each waiver shall be effective for a period of up to one (1) year, and subsequent waivers may be requested and granted. (Added as Administrative Code Sec. 12P.8 by Ord. 216-00, File No. 001272, App. 8/9/2000; Ord. 212-07, File No. 070921, App. 9/14/2007; amended by Ord. 232-18, File No. 170297, App. 10/12/2018, Eff. 11/12/2018; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

The General Manager of the Public Utilities Commission may waive the requirements of this Article where the Contractor is providing to or on behalf of the San Francisco Public Utilities Commission services relating to: (a) The provision, conveyance or transmission of wholesale or bulk water, electricity or natural gas; or (b) Ancillary requirements such as spinning reserve, voltage control, or loading scheduling, as required for ensuring reliable services in accordance with good utility practice; provided, however, that: (1) The purchase of such services may not practically be accomplished through the City’s standard competitive bidding procedures; and (2) The Contractor is not providing direct, retail services to end users within the geographic boundaries of the City. (Added as Administrative Code Sec. 12P.9 by Ord. 216-00, File No. 001272, App. 8/9/2000; Ord. 212-07, File No. 070921, App. 9/14/2007; 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 may be waived in a bona fide collective bargaining agreement, provided that such waiver is explicitly set forth in such agreement in clear and unambiguous terms. (Added as Administrative Code Sec. 12P.10 by Ord. 216-00, File No. 001272, App. 8/9/2000; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

All City departments shall cooperate with the Agency by providing such information and assistance as the Agency shall request with respect to implementation of this Article. (Added as Administrative Code Sec. 12P.11 by Ord. 216-00, File No. 001272, App. 8/9/2000; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

This Article provides a minimum level of compensation and shall not be construed to preempt or otherwise affect any other law, regulation or requirement providing a higher level of compensation. (Added as Administrative Code Sec. 12P.12 by Ord. 216-00, File No. 001272, App. 8/9/2000; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

One year after the Effective Date, the Airport Director shall prepare a written report assessing the impact of this Article on Airport property

contracts, including any economic impact, benefits, and recommended changes. The Airport Director shall submit the report to the Clerk of the Board, who shall schedule a hearing before the appropriate committee to consider the report. (Added as Administrative Code Sec. 12P.13 by Ord. 216-00, File No. 001272, App. 8/9/2000; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

Nothing in this Article shall be interpreted or applied so as to create any power or duty in conflict with any federal or State law. (Added as Administrative Code Sec. 12P.14 by Ord. 216-00, File No. 001272, App. 8/9/2000; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

This Article shall become effective 30 days after it is adopted. This Article is intended to have prospective effect only. (Added as Administrative Code Sec. 12P.15 by Ord. 216-00, File No. 001272, App. 8/9/2000; 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. 12P.16 by Ord. 216-00, File No. 001272, App. 8/9/2000; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)