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Committee forwards changes to Displaced Worker Protection Act to full Board, adds city enforcement

Government Audit and Oversight Committee of the San Francisco Board of Supervisors · March 16, 2023
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Summary

The Government Audit and Oversight Committee voted 3–0 to send to the full Board an ordinance strengthening the Displaced Worker Protection Act by requiring awarding authorities to identify successor contractors within set timeframes and by giving the Office of Labor Standards Enforcement (OLSE) administrative enforcement powers alongside private lawsuits.

Supervisor Dean Preston, chair of the Government Audit and Oversight Committee, said the committee unanimously recommended an ordinance on March 16 that aims to strengthen protections for janitorial, security and building maintenance workers when contractors change. The ordinance’s sponsor, Supervisor Safaie, told the panel the measure responds to recent incidents in which successor contractors were not disclosed and workers were left without jobs.

Supervisor Safaie said the bill will require an "awarding authority" — the company that hires a janitorial, security or building maintenance firm — to provide the name of the successor contractor within three days of hiring that successor, and to accept a list of employees from a terminated contractor if no successor is hired within 10 days. He said the ordinance also gives OLSE new administrative tools to investigate alleged violations and order remedies such as back pay and penalties. "Administrative action to order back pay and restitution... are faster and more likely to deliver justice quickly for employees," Safaie said during his presentation.

Olga Miranda, identified in the hearing as secretary‑treasurer of the labor council and president of SEIU Local 87, described members who lost employment after contractor changes at large tenant sites and urged the committee to approve stronger enforcement. "Our members have been suffering a lot and they need all the help that they can get," Miranda said, recounting job losses and the financial strain on affected families.

Deputy City Attorney Anne Pearson clarified a legal question during the hearing, telling the committee the ordinance "was intended to add additional enforcement options, but not to in any way preclude or limit" an employee’s existing private cause of action. That assurance was requested by committee members concerned enforcement options might preclude lawsuits.

Supervisor Safaie indicated he would offer technical amendments recommended by the City Attorney after public comment. Chair Preston moved to adopt the amendments and forward the item as amended to the full Board with a positive recommendation. The clerk called the roll: Vice Chair Supervisor Catherine Stephanie — aye; Supervisor Connie Chan — aye; Chair Preston — aye. The committee recorded three ayes and forwarded the ordinance to the full Board.

Next steps: The ordinance, as amended and recommended, will appear on the Board of Supervisors agenda for further consideration and potential adoption.