On July 13, 2022, San Francisco’s amended Family Friendly Workplace Ordinance (FFWO) goes into effect. All employers who conduct business and have employees working in the City and County of San Francisco or employees who telework, will need to comply with the FFWO. It gives employees the right to request “flexible or predictable work arrangements” to assist with caregiving responsibilities. The amendment creates significant changes to the existing FFWO – it enlarges the scope of an employer’s obligation under the ordinance, while also making it easier for employees to obtain modified schedule arrangements so they can effectively work and perform their caregiving responsibilities with relative ease. Covered employers should take note of these changes to avoid scrutiny from the San Francisco Office of Labor Standards Enforcement (OLSE) and costlier penalties.
Peter Y. Lee is an associate in the Labor and Employment Practice Group in the firm's San Francisco Office.
On September 27, 2021, California Governor Gavin Newsom signed Senate Bill 646 (“SB 646”), which creates a limited exception from the Private Attorneys General Act of 2004 (“PAGA”) for certain janitorial employees performing work under a collective bargaining agreement (“CBA”). SB 646 will go into effect on January 1, 2022.
Continue Reading California Legislature and Governor Approves New PAGA Carve-Out
On April 14, 2020, the San Francisco Board of Supervisors unanimously passed the Public Health Emergency Leave Ordinance (PHELO). Mayor London Breed signed the ordinance into law on April 17, 2020, making it effective immediately. The PHELO was created in an effort to fill the gap left by the federal Families First Coronavirus Response Act (FFCRA).
Continue Reading San Francisco Surpasses Other Jurisdictions and Enacts Expansive COVID-19 Related Paid Sick Leave
In an effort to fill the gap left by the federal Families First Coronavirus Response Act (FFCRA), the San Jose City Council unanimously passed the COVID-19 Paid Sick Leave Ordinance (“Ordinance”) on April 7, 2020. The Ordinance requires covered businesses operating in San Jose to provide Covered Employees with at least 80 hours of paid leave for uses related to COVID-19.
Continue Reading Additional Paid Leave for Some San Jose Employees Under the COVID-19 Paid Sick Leave Ordinance
The New Orders
On March 31, 2020, the following six Bay Area counties issued revised “Shelter in Place” Orders (“Orders”) that went into effect that same day at 11:59 p.m.: San Francisco, Santa Clara, Marin, Alameda, San Mateo, and Contra Costa, and the City of Berkeley. The new Orders revise and replace the existing Shelter In Place Orders which were set to expire on April 7, 2020. Significantly, these Orders do not merely extend existing orders to May 3, 2020, but make material changes to several provisions and add additional requirements that Bay Area employers must immediately understand and implement.
Continue Reading The San Francisco Bay Area Issues Strengthened COVID-19 Shelter In Place Orders That Have a Significant Impact on Employers and Operations