Skip to main content

New Laws for 2014: Retail Workers' Bill of Rights (San Francisco)


California certainly is on a roll, no?  First San Francisco and Oakland voters approve an increase in minimum wage in both cities over the coming years.  Now, we have the Retail Workers' Bill of Rights which is a comprehensive set of policies introduced as two different pieces of legislation.  

The Board of Supervisors in San Francisco has tentatively (and note, unanimously) passed both pieces of proposed legislation this week.  At this point, a confirmation vote is scheduled to occur today, November 25, and if the legislation passes, it will become law within 180 days after the effective date. 

It is important to highlight key pieces of both pieces of legislation, ahead of the confirmation vote.  


Board of Supervisors File No. 140880:  Hours and Retention Protections for Formula Retail Employees:
  • Applies to Formula Retail employers with 20 or more employees in San Francisco (Formula Retail are businesses with at least 20 retail sales establishments worldwide).
  • These employers would have to offer additional hours of work to current part-time employees before hiring new employees or using subcontractors; and
  • Retain employees for 90 days upon sale or other transfer of a retail establishment subjection to the ordinance and then make a written offer of employment to individuals on a retention list under the same terms of employment with respect to job classification, compensation, and number of hours worked


Board of Supervisors File No. 141024:  Fair Scheduling and Treatment of Formula Retail Employees:
  •  Under this piece of legislation, Formula Retail employers would have to provide their employees in San Francisco with:
  1. An initial estimate of the employee's expected minimum number of scheduled shifts per month and the days and hours of those shifts, prior to the start of employment; 
  2. Two weeks' advance notice of work schedules;
  3. Advance notice of any changes to the employee's bi-weekly schedule;
  4. Additional compensation for each schedule change the employer makes on less than seven days' notice; and
  5. Between two and four hours of pay, depending on the duration of the shift, for each on-call shift for which the employee is required to be available but is not actually called into work.

Additional information can be found here:  http://retailworkerrights.com/get-the-facts/

Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...

Distance in a Non-Compete Agreement Measured "As the Crow Flies"

Ginn v. Stonecreek Dental Care - Court of Appeals, Twelfth Appellate District of Ohio Facts :  Dr. R. Douglas Martin ("Martin") sold his dental practice to an employee who worked there, Dr. David Ginn ("Ginn").  In doing so, Martin and Ginn signed a contract for the sale which contained a non-compete provision that prohibited Martin from engaging in business "within 30 miles" of the practice for five years starting from October 2010.  While Martin initially stayed on and worked with Ginn for a period, the relationship subsequently deteriorated between the two and Martin went to work for another dental office.  The new dental office was less than 30 miles away when measuring the distance in a straight line.  However, when driving between the offices, the distance was more than 30 miles. Ginn filed a claim against Martin on the grounds that Martin breached the non-compete.   At the trial court level, the court found that "within 30 miles"...

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...