San Francisco Flexible Schedule Ordinance - Update

We posted about San Francisco's newest ordinance here.  Here's an update.

If the Mayor approves, and he says he will, the new law will take effect on January 1, 2014. Here is a link to a draft of the ordinance, which is going to be codified as Administrative Code Chapter 12Z.  I can't confirm that this is the final text, so caveat employer.

Here is a quick and dirty summary. We'll have an article once this is finalized.

Employers of > 20 employees must consider requests by employees with at least six months service who work more than 8 hours per week.

The requests can range from fixed schedules, to telecommuting, to regular work hours / days.  The employee must make a written request; the employer must respond in writing and must give a legitimate reason (specified in the ordinance) for any denial.  The employee can ask for reconsideration.  It bears emphasis: An employer need not agree to any request.

The employee can make a request twice a year, unless there is a major life change, in which case the employee can make a request based on that.

The ordinance protects employees from retaliation for making such requests. The San Francisco Office of Labor Standards Enforcement will enforce the provision. There will be a poster, natch.

Again, there are more details in the text. Stay tuned for more analysis.

Greg

WebRep

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San Francisco Enacts Ordinance Requiring Employers to Consider Employees' Requests for Flexible Schedules

The San Francisco Board of Supervisors  passed an ordinance requiring an employer to consider employees' requests for "flexible or predictable" working arrangements to assist with care giving responsibilities.  The employer can deny the request for legitimate reasons.  But there will be another poster, and the city's Office of Labor Standards Enforcement will enforce its anti-retaliation provisions.

Here is the Supervisors' summary of the ordinance, passed on October 1, 2013.  Stay tuned for a copy of the entire bill and more details as they emerge (including the effective date).

130785 [Administrative Code - Family Friendly Workplace Ordinance]

Sponsors: Chiu; Cohen, Mar, Campos, Yee, Breed, Avalos and Kim

Ordinance amending the Administrative Code to allow San Francisco-based employees to request flexible or predictable working arrangements to assist with care giving responsibilities, subject to the employer’s right to deny a request based on business reasons; prohibit adverse employment actions based on caregiver status; prohibit interference with rights or retaliation against employees for exercising rights under the Ordinance; require employers to post a notice informing employees of their rights under the Ordinance; require employers to maintain records regarding compliance with the Ordinance; authorize enforcement by the Office of Labor Standards Enforcement, including the imposition of remedies and penalties for a violation and an appeal process for an employer to an independent hearing officer; authorize waiver of the provisions of the Ordinance in a collective bargaining agreement; and making environmental findings.

PASSED, ON FIRST READING by the following vote:

Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee