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As with all things COVID-19 related, we once again see an unprecedented move with the passing of a temporary "right to reemployment" ordinance that did not require the mayor's signature. On June 23, 2020, the San Francisco Board of Supervisors voted in favor of legislature requiring San Francisco employers with 100 or more employees to "offer a right to reemployment" to certain workers who were laid off due to the ongoing COVID-19 pandemic.
The ordinance was enacted on July 3, 2020 and obligates covered businesses to comply within 30 days (by August 2, 2020). It will remain in effect through September 1, 2020 unless the Board votes to extend it.
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Employers in San Francisco should be aware of the following criteria:
- Who is covered? Applies to any for-profit or non-profit business operating in San Francisco on or after February 25, 2020 with 100 or more employees. Many healthcare businesses are exempt.
- How is layoff defined? For purposes of this ordinance, a layoff is considered a separation of employment affecting 10 or more employees within a 30 day period, including business closures. The layoff must have occurred because of the San Francisco's emergency health declaration and/or due to orders to shelter in place during the COVID-19 pandemic.
- Who is an eligible worker? An "eligible worker" is an individual who had been employed for at least 90 days at or before the time of layoff.
- What notice(s) are required? While the ordinance is in effect, employers must provide notice to all "eligible workers" in a language the individual understands which includes the effective date, rehire rights, and the Economic and Workforce Development (OEWD) hotline number. Employers must inform the OEWD within 30 days of the layoff the total number of employees affected with job classifications, original hire dates, and separation dates.
- Are there record retention requirements? Employers must keep records of each layoff for 2 years including the worker's legal name, job classification, hire date, last known address, email, phone number, and copy of the layoff notice.
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