LABOR LAW NEWS
San Francisco Amends Fair Chance Ordinance, Adds Posting Requirement
By Kelsey Basten
Published on June 12, 2018
The San Francisco Board of Supervisors passed an amendment to the San Francisco Fair Chance Ordinance (FCO) April 3, 2018. Originally passed in February 2014, the FCO’s latest amendment takes effect Oct. 1, 2018.
The amendment changes when an employer can ask applicants about criminal convictions. Under the new law, employers, contractors, subcontractors and housing providers are prohibited from inquiring about, requiring disclosure of or basing employment and housing decisions on prior criminal behavior convictions until after a conditional offer of employment or housing.
In addition, the FCO amendment now prohibits employers, contractors, subcontractors and housing providers from inquiring about, requiring disclosure of or basing employment (or housing) decisions on a conviction for a decriminalized offense. For example, this includes convictions for the non-commercial use and cultivation of cannabis.
Under the new amendment, the law is applicable for employers located or doing business with five or more employees located anywhere. The previous law applied to employers of 20 or more employees.
Fines are now assessed for the first employer violation of the law, and fines for subsequent violations have increased significantly:
|Each Additional Violation||$2,000|
If multiple employees are impacted by the same violation, the fees will apply per employee. These penalties will be paid to the impacted employees.
Prior to the amendment, the San Francisco city attorney was the only authority who could sue an employer for a violation. Now, any employee or applicant whose rights have been violated has the right to sue.
Covered employers must display the Fair Chance Ordinance posting in employee work areas.
with GovDocs Labor Law News
This Labor Law News Blog is intended for market awareness only, it is not to be used for legal advice or counsel.
Who is GovDocs?
GovDocs simplifies the complexity of employment law management (ELM) for large, multilocation employers across all industries. We offer a suite of innovative compliance products, including labor law postings, data software applications and other program management tools, to ease the day-to-day responsibilities of human resources, compensation, legal and finance teams.
Have less than 30 locations?
The GovDocs Poster Store simplifies the complexity of posting compliance for employers with less than 30 locations across all industries. We offer a variety of posting products to meet your labor law compliance needs, including federal and state posters; county and city poster packages; and other HR posters. Plus, when you purchase posters with GovDocs Update Service, you ensure your locations automatically receive updated posters whenever changes occur.