San Francisco Issues Back-to-Work Emergency Ordinance

By Stephanie T. Yang and Amy P. Frenzen © Jackson Lewis July 14, 2020
Golden Gate Bridge

At the end of June, the San Francisco Board of Supervisors passed an emergency ordinance creating a right of reemployment for certain employees laid off due to the COVID-19 pandemic. The ordinance became effective on July 3rd.  Although Mayor London Breed did not sign the ordinance, the city charter allows the ordinance to take effect if the mayor does not sign the ordinance within ten days of receiving it.

This ordinance applies to for-profit and nonprofit employers that directly or indirectly own or operate a business in the city or county of San Francisco and employ or have employed 100 or more employees on or after Feb. 25. The only employers exempted from the new ordinance are government entities and certain healthcare operations as defined under the Health Officer's Order.

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Under the ordinance, an employer shall provide written notice to employees of covered layoffs and an employee's rights under the ordinance. Employers who conducted covered layoffs on or after Feb. 25, prior to the effective date of the ordinance, have 30 days from July 3rd to provide notice to employees of their rights under the new ordinance.

The notice must include a notice of the layoff and its effective date, a summary of the new ordinance's right to reemployment, and contact information for the San Francisco Office of Economic and Workforce Development.

Stephanie T. Yang and Amy P. Frenzen are attorney with Jackson Lewis in San Francisco. © 2020 Jackson Lewis. All rights reserved. Reposted with permission. 


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