San Francisco Becomes First U.S. City to Pass “Retail Workers’ Bill of Rights”

December 29, 2014 by Vishtasp Soroushian

San Francisco has passed an ordinance that will protect its retail workers from terms of employment that involve irregular or changing shift schedules.  The ordinance, popularly referred to as the Retail Workers’ Bill of Rights, goes into effect in the summer of 2015.

 The law applies only to “Formula retail sales establishments,” which are defined to mean retail businesses with at least 20 employees in the City and 20 or more retail sales establishments worldwide.  The ordinance also applies to property service contractors providing janitorial and/or security services to “formula retail” employers.  This covers approximately 12% of San Francisco’s retailers and 5-6% of all its workers.

The ordinance requires these retail businesses to provide workers:

• A pre-hire initial estimate of the expected minimum number of schedule shifts per month, and the days and hours of those shifts;
• Two weeks’ advance notice of work schedules, and advance notice of any changes to the schedule;
• “Predictability pay” for schedule changes the employer makes with less than seven days’ notice; in such a case, the employee is entitled to additional pay, the amount of which depends on whether more or less than 24 hours’ notice was given and the duration of the scheduled shift; and
• On-call shift pay for each on-call shift the employee is required to be available for but is not called in to work.  In such situations, the employer must pay between two and four hours of compensation, depending on the duration of the on-call shift.

Additionally, and subject to qualifications, the ordinance requires employers to provide their part-time employees (those working less than 35 hours a week) with the same starting pay, access to time off, and eligibility for promotions, as provided to equivalent full time employees.

An employer that violates the ordinance may be subject to penalties, and the ordinance can be enforced by individual workers, the City’s Office of Labor Standards Enforcement and the City Attorney.  The ordinance does not contain an exception for collective bargaining agreements.

BT&B law offices are located in Oakland and Sacramento and we offer legal representation to individuals and unions related to job rights and collective bargaining.  Please feel free to contact us if you have questions or issues with pay or scheduling at work. To get more information on the sponsorship and passage of the “Bill of Rights” you can visit the Retail Workers – Get the Facts website and we encourage you to join the conversation on Twitter at #SF #billofrights.

The material on this website is provided by Beeson, Tayer & Bodine for informational purposes only and does not constitute legal advice. Readers should consult with their own legal counsel before acting on any of the information presented. Some of the articles are updated periodically, and are marked with the date of the last update. Again, readers should consult with their own legal counsel for the most current information and to obtain professional advice before acting on any of the information presented.