On July 3, 2015, San Francisco adds another law to its long list of city-wide labor ordinances. In addition to the City's laws on paid sick leave, minimum wage, family friendly workplace, and health care security, employers should now get acquainted with Formula Retail Labor Protections, also known as the Retail Workers Bill of Rights.
San Francisco's Retail Workers Bill of Rights imposes new and substantial obligations on retail and service establishments that do business in San Francisco. The Bill includes new rules for the hiring, scheduling, benefits, promotion, payment and equal treatment of full-time and part-time employees of certain San Francisco retailers. Important features of the Bill are outlined below.
Employers Covered by the Bill
The Retail Workers Bill of Rights applies to any employer that (1) has at least 20 employees within the city of San Francisco, (2) has a least 20 retail sales establishments worldwide and (3) operates a "Formula Retail Establishment," otherwise known as a "chain store." A chain store as one that has at least two of the following features: standardized array of merchandise, standardized façade, a standardized décor and color scheme, uniform apparel, standardized signage, trademark or service mark.
Requirements for Compliance
Some of the requirements for covered employers are listed below:
Penalties for Non-Compliance
The City Office of Labor Standards Enforcement (OLSE) has the authority to implement and enforce the Bill. OLSE may impose fines of $500 per eligible employee, per violation and award a penalty of $50 to each employee whose rights were violated. In addition to these fines, the OLSE may enjoin suspected violations pending an investigation. The City Attorney may also bring suit against an employer to render appropriate legal relief.
Recommendations for Compliance
Covered employers should prepare for the Bill to take effect on July 3, 2015. Although this list is not exhaustive, covered employers should: