Retail Workers’ “Bill of Rights'”
San Francisco, California, protects retail employees under two ordinances collectively referred to as the “Retail Workers’ ‘Bill of Rights'”:
- Hours and Retention Protections for Formula Retail Employees Ordinance – San Francisco Police Code Article 33F
- Fair Scheduling and Treatment of Formula Retail Employees Ordinance – San Francisco Police Code Article 33G
These laws regulate hours, retention, scheduling, and treatment of part-time employees who work at covered Formula Retail Establishments. The Ordinances apply to any employer that:
- owns or operates a formula retail establishment, which includes retail companies, restaurants, banks, movie theaters, bars and any other business that falls under the definition of “formula retail establishment”
- has at least 40 retail sales establishments worldwide
- employs at least 20 retail workers in San Francisco
- also covers janitorial and security contractors and subcontractors which are serving a covered retail establishment
The poster covers retail employees’ rights including:
- providing part-time employees access to additional hours before hiring new employees
- giving employees two weeks’ notice of work schedules
- paying employees for on-call shifts
- employee retention following a transfer of ownership
It is illegal for an employer to take adverse action against any person in retaliation for exercising his or her rights under the Formula Retail Employees Ordinances. The Ordinances authorize the City to initiate an administrative or civil action to enforce compliance. The laws also authorize an administrative fine of $500 per employee for each violation, including failing to post the required notice in the workplace. Lost wages, injunctive relief and damages may also be awarded.
Notice & Recordkeeping:
- Employers are required to post a notice of employee rights in English, Spanish, Chinese, Tagalog, and any other language spoken by more than 5% of the workforce.
- Employers are required to retain employment and payroll records, offers of additional hours and work schedules for no less than three (3) years.