If you work for a retail establishment in San Francisco, you have specific rights that may not be known to you. The Retail Workers Bill of Rights became effective in December, 2014 and affects employers who are considered to be a “formula retail establishment” under San Francisco ordinances.
An FRE is a retail business that has two or more of the following attributes:
- Standard merchandise;
- A standardized storefront;
- A standardized decorating and coloring scheme;
- Uniform apparel;
- Standardized signage; or
- A trade or service mark.
Employees of these employers who are covered are those who are considered as employees under San Francisco’s minimum wage law, plus any person who is on call to work for a minimum of two hours within a given week. Coverage applies to the latter group whether or not they actually work the on-call shift.
Under the new ordinance, covered employers are required to offer additional work hours to part-time employees before they hire new employees or hire contract workers for those hours. The part time workers must be qualified to perform the work to be performed, and the work must be substantially the same as the work they normally perform. The requirement does not apply to hours that would increase the part-time employees beyond 35 hours for the week.
Another key feature to the Bill or Rights is “predictability pay“. Under this provision, employers must give notice to employees of changes to their work schedules, and if a scheduled shift is cancelled, they must award employees a specific amount of predictability pay up to four hours at their normal rate. In addition, employers are required to tell new employees in writing, and in good faith, the anticipated shifts they will work per month, as well as the days and hours of those shifts.
Although in place for a number of months, many employers may not be adhering to the law’s requirements. Employees should seek legal counsel if their new rights are not being provided.
Sacramento, CA 95821