By Dana Peterson, Laura Maechtlen, Kristen Verrastro, and Duwayne Carr
As our loyal readers know, we have been writing about the comments and activities surrounding the San Francisco ordinances known as the “Retail Workers’ Bill of Rights” for a few months, with our most recent blog post here and our Management Alert here. As promised, we
Continue Reading SF Retail Workers’ Bill of Rights Update – Operative Date is July 3, 2015!
Many know SFO as the code for the San Francisco airport. But to businesses employing workers in the City by the Bay, SFO has come to mean “San Francisco Ordinance.”
In this first of a three-part series on recent action by San Francisco’s labor friendly Board of Supervisors, we review two ordinances (here and here) that together have come to be known as the “Retail Workers’ Bill of Rights.”
Last August, we blogged about the initially proposed version of this legislation. The final version, as amended, was passed on November 25, 2014. Though some troubling provisions (such as giving employees and applicants the right to sue employers for violations) were removed prior to passage, the ordinances still impose burdensome new requirements on Formula Retail Employers.
But wait: I own some martial arts studios. So surely this new law doesn’t apply to me, right?
Well, we hate to be the bearer of bad news, but yes, it absolutely could affect your business.
The ordinances cover employers with 20 or more employees in San Francisco who operate “Formula Retail Establishments.” These are businesses that engage in retail sales or services regulated as “Formula Retail Uses” under the San Francisco Planning Code, with one change: the ordinances apply only to establishments with at least 20 retail sales locations worldwide (the Planning Code definition requires fewer locations).
A “Formula Retail Use” is one that is, basically, standardized in terms of two or more of the following indicators: array of merchandise, façade, décor and color scheme, uniforms, signage, and trademark or service mark.
As outlined in greater detail here, the foregoing definition includes businesses that some may not consider to be “retail,” such as bars, health spas, dry cleaners, massage parlors, movie theatres, banks, credit unions, art studios, pet grooming establishments, and, yes, even martial arts studios. The Planning Code specifically identifies each such entity as a type of businesses considered to be engaging in “Formula Retail Use.”
Yikes, so what do I have to do to comply with these new laws?
We would need more space than we have here to fully explain each new requirement (hence the link to the more fulsome Management Alert). Suffice it here to say that covered employers:
Continue Reading San Francisco “Retail Workers’ Bill of Rights” Enacted—What Now?
By Duwayne A. Carr and Laura J. Maechtlen
Last week, we blogged that the San Francisco Board of Supervisors tentatively and unanimously passed the Retail Workers’ Bill of Rights, which requires certain employers to (a) offer additional hours of work to current part-time employees before hiring new employees or subcontracting, (b) retain employees for 90 days upon transfer of the
Continue Reading UPDATE: San Francisco Board of Supervisors Passes Retail Workers’ Bill of Rights At Confirmation Vote
By Duwayne A. Carr and Laura J. Maechtlen
We previously blogged about pending legislation in San Francisco titled the “Retail Workers Bill of Rights,” a comprehensive set of policies introduced as two separate pieces of legislation (here and here) by San Francisco Supervisors Eric Mar and David Chiu.
We learned that the Board of Supervisors tentatively—and unanimously—passed both pieces of proposed legislation this week. A confirmation vote is scheduled to occur on November 25, 2014, and, if the legislation passes at that time, the ordinances will become law in San Francisco 180 days after the effective date.
While amendments might be considered prior to the final confirmation vote, we summarize the notable aspects of the two pieces of legislation here, in anticipation of that vote. Of particular note to employers, the legislation provides a private right of action. Any person aggrieved by a violation of the ordinance, any entity a member of which is aggrieved by a violation, or any other person or entity acting on behalf of the public, may bring a civil action in court against an employer for violating the ordinance.
Board of Supervisors File No. 140880: Hours and Retention Protections for Formula Retail Employees
This proposed ordinance would apply to Formula Retail employers with 20 or more employees in the City. “Formula Retail” establishments are defined for purposes of the new legislation as businesses with at least 20 retail sales establishments located worldwide.
The proposed ordinance would require employers to:
Continue Reading San Francisco Board of Supervisors Tentatively Passes “Retail Workers Bill Of Rights” – Final Vote Expected On November 25
