San Francisco County Municipal Code § 151.4 Requirements

(a) City Contracting Departments. Incorporation of Terms. Each Contract shall include an agreement by the Contractor to comply with the requirements of this Article 151, incorporating this Article 151 by reference, and shall include a description of potential liquidated damages. (b) Obligations of City Contractors. (1) Working Conditions. (A) Sweatshop Labor Prohibited. Each Contractor shall certify that no Covered Goods provided to the City pursuant to the Contract have been produced in whole or in part by Sweatshop Labor. (B) Human Rights Standards. Each Contractor shall ensure that Covered Goods provided to the City are not sourced from Manufacturers that: (i) Use Factories that engage in Sweatshop Labor; (ii) Subject Workers to physical, sexual, or other illegal harassment or abuse, including corporal punishment, illegal discrimination or retaliation for exercising their right to free speech and assembly or other rights protected under applicable labor or employment laws; (iii) Require or compel Workers to use contraceptives or take pregnancy tests; (iv) Subject Workers to harassment, intimidation, or retaliation as a result of their efforts to freely associate or bargain collectively; (v) Do not pay at least the following minimum wages to Workers: (1) to Workers working in the United States a base hourly wage, to be set and adjusted annually by the Director, to produce for 2,080 hours worked, an annual income equal to or greater than the U.S. Department of Health and Human Services most recent poverty guidelines for a family of three plus an additional 20 percent of the wage level paid, including without limitation amounts paid as hourly wages or health benefits or retirement benefits; and (2) for Workers working in countries other than the United States, a wage, to be set and adjusted annually by the Director, that shall be comparable to the wage for domestic manufacturers established above, adjusted to reflect the country’s level of economic development by using the World Bank’s most recent Gross National Income per capita Purchasing Power Parity Index; or (vi) Do not otherwise comply with all human rights laws and Labor Laws imposed by treaty or law on the country in which the Factories that make or assemble the Covered Goods are located, unless the City determines that such laws are inconsistent with this Article 151. (C) Minimum Standards. This Article 151 specifies the basic rights afforded to Workers. This Article does not preempt or limit any other applicable law, regulation or requirement, or decision by a private entity, that requires a higher level of compensation or rights. (2) Records Retention. (A) Worker Related Records. Each Contractor shall require the Manufacturers from which Covered Goods are procured to maintain for a period of not less than three years from the date of the expiration or termination of the term of the Contract, basic payroll and time records for each Worker, and copies of any tax records filed with a governmental entity during the term. Such records shall include the following for each Worker: (i) name and job classification; (ii) the rate of pay (including rates of contributions for, or costs assumed to provide, fringe benefits); (iii) the daily and weekly number of hours worked; (iv) deductions made; and (v) any actual wages paid. (B) Inspection by City. Each Contractor shall require the Manufacturers from which Covered Goods are secured to make all records required to be maintained by this Article 151 available at all times for inspection and examination by the duly authorized officers and agents of the City. (C) Lists of Manufacturers and Factories. Each Contractor shall maintain and, upon request of the City, provide the City a list of the names, addresses, and State tax identification numbers, as applicable, of all Manufacturers from whom the Covered Goods are sourced and the Factories in which the Covered Goods are produced. The Contractor also shall provide the City a written statement showing the amount to be paid each Manufacturer and/or Factory and shall update this information in writing upon request to show changes in the amount to be paid. (D) Written Assurance. During each year of the term of a Contract, the Director, the Office of Labor Standards Enforcement, or the Director's designee may request a written assurance from the Contractor and each of its Manufacturers and/or Factories that they are in compliance with this Article 151. The request may seek confirmation of compliance with some or all of the requirements of this Article, and may require the response to be submitted under penalty of perjury. The Contractor, Manufacturer, and/or Factory shall provide the written assurance within the time period specified by the Director, the Office of Labor Standards Enforcement, or the Director's designee, which shall not be less than 14 days from receipt of the request. (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026) (Former Sec. 151.4 added as Administrative Code Sec. 12U.4 by Ord. 223-05, File No. 051257, App. 9/16/2005; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff.

12/4/2023, Oper. 1/4/2024)