San Fran Retail Workers Win Fair Scheduling

A new ordinance in San Francisco tightens scheduling and compensation requirements for chain retailers with 20 or more locations worldwide.

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The San Francisco Board of Supervisors passed the Fair Scheduling and Treatment of Formula Retail Employees ordinance, which, among other things requires retail employers to schedule workers at least two weeks in advance.

The City estimated that approximately 1,250 chain stores (12% of retailers in San Francisco) will be covered by the Ordinance.

San Francisco Fair Scheduling Q&A

What San Francisco Retail Employers Need to Know About the New Fair Scheduling Ordinance.

Which Businesses are Covered by the Ordinance?

The ordinance applies only to San Francisco retail businesses with one or more employees and 20 or more locations worldwide that engage in retail sales or services that are regulated as chain stores (aka Formula Retail Use) under the San Francisco Planning Code.

The ordinance also applies to “Property Services Contractors,” defined as contractors or subcontractors of Formula Retail Establishments that provide janitorial and/or security services to Formula Retail Establishments.

What Must San Francisco Retailers Do?

  • Determine initial estimates of minimum hours for each employee prior to the start of employment.
  • Provide employees with two weeks’ notice of work schedules.
  • Provide employees advance notice of changes to work schedules.
  • Pay employees for schedule changes made on less than seven days’ notice and unused on-call shifts:
    • One hour of pay for each shift change made with less than seven days’ notice but 24 hours’ or more notice
    • Between two and four hours of pay for each shift change made with less than 24 hours’ notice.
  • Provide between two and four hours of on-call shift pay for each on-call shift for which the employee is required to be available but is not called in to work.
  • Provide part-time employees with the same starting rate of hourly pay, access to time off, and eligibility for promotions, as provided to full-time employees.
  • Retain employee work schedules and payroll records for three years.
  • Display the required posting.

What are the Posting Requirements for the Ordinance?

Formula Retail Establishments will be required to post a notice of employees’ rights under the ordinance and to retain. In early 2015, the San Francisco Office of Labor Standards Enforcement (OLSE) will issue an associated notice that must be displayed in English, Spanish, Chinese, Tagalog, and any language spoken by at least five percent of the employees in the workplace.

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