Monday, May 11, 2015

San Francisco Formula Retail Establishments - New Laws Take Effect on July 3, 2015

UPDATE - May 11, 2015

BOMA San Francisco Members:

San Francisco Formula Retail establishments must comply with two new laws beginning July 3, 2015. The Formula Retail Labor Protections Ordinances include provisions which impact scheduling, on-call work, employee retention and treatment of part-time employees. The new laws cover employers who meet the definition of Formula Retail in the San Francisco Planning Code with 20 or more locations worldwide and 20 or more employees in San Francisco.

Covered employers include bars, restaurants, movie theaters, gyms, financial services companies, massage establishments, janitorial and security contractors of Formula Retail businesses and more.

To learn more about your obligations under the law please click here.
UPDATE - November 25, 2014

The San Francisco Board of Supervisors unanimously passed both measures at their meeting on November 18th and it's expected that the members of the Board will do the same today as they consider these items for a second and final vote.

Even so, BOMA San Francisco members and staff will be working with the Board of Supervisors and our business community partners in the next month to address our members' concerns as detailed below. More information on our efforts will be reported to you.

Questions or concerns?   Please email and

Original Post - November 17, 2014

Legislation is being fast-tracked at the San Francisco Board of Supervisors that, until this afternoon, didn't impact your industries (janitorial/security contractors), now requires your immediate attention. Please contact the San Francisco Board of Supervisors – details below.

There are two ordinances for you to review:
  • Supervisor Eric Mar
    • Police Code - Hours and Retention Protections for Formula Retail Employees
      • Abstract
        • Ordinance amending the Police Code to regulate the operation of Formula Retail Establishments, including requiring employers to offer additional hours of work, when available, to current part-time employees; and requiring successor employers to retain employees for 90 days upon a change in control of the business.
  • Supervisor David Chiu
    • Police Code - Fair Scheduling and Treatment of Formula Retail Employees
      • Abstract
        • Ordinance amending the Police Code to require Formula Retail Establishments to provide employees with two weeks notice of work schedules, notice of changes to work schedules, and compensation for schedule changes made on less than seven days notice and unused on-call shifts; and to provide part-time employees with the same starting rate of hourly pay, access to time off, and eligibility for promotions, as provided to full-time employees.

Both measures respectively address employee management and retention at Formula Retail (chain store) establishments and, until recently, did not affect the janitorial/security industries. Amendments that were inserted - without consultation to BOMA or representatives of your industries - were approved today at a special meeting of the Budget and Finance Committee and the Board of Supervisors will consider both measures tomorrow at their meeting at City Hall.

What’s the Bottom Line?

Both pieces of legislation now apply to janitorial and security contractors who contract with formula retailers, even if those contractors do not qualify as formula retailers.

What Should I Do?

Please contact (call and email) the following San Francisco Board of Supervisors and tell them to send both measures back to the Budget and Finance Committee for further review and discussion with employers directly impacted by the legislation:

Mark Farrell
Katy Tang
Scott Weiner
London Breed
Malia Cohen

Special thanks to Dee Dee Workman, Vice President of Public Policy with the San Francisco Chamber of Commerce, who alerted us to this change. She’s worked tirelessly on this issue and we are appreciative of her efforts.

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