Budget & Finance committee advances San Francisco 'Retail Workers Bill of Rights' with amendments

The Budget and Finance Committee of the San Francisco Board of Supervisors on Nov. 12 advanced two ordinances aimed at predictable scheduling and job retention for formula retail workers, moving the measures to the call of the chair for final Board consideration.

The ordinances, identified on the committee agenda as items 1 and 2, would require formula retail employers to post work schedules 14 days in advance, require employers to first offer additional hours in writing to current part-time employees before hiring new workers, provide predictability pay when employers change schedules at short notice, and require successor employers to retain non-supervisory employees for a defined period after a change in control. "First, it will require formula retail employers to post schedules 14 days in advance," President David Chu said while outlining the proposal.

Supporters said the ordinances would reduce hardship for workers who cannot plan for child care, education or second jobs because of last-minute scheduling. "We are very, very, very excited to be here to be able to combine both President Chu and Supervisor Marr's legislation into a piece that we call the Worker Retail Bill of Rights," said Connie Ford of Jobs with Justice during the public comment period. Dozens of workers, union representatives and community groups testified in favor, citing examples of cut hours, unpredictable on-call shifts and difficulty accessing subsidized child care.

The committee approved a package of amendments circulated by sponsors. Changes adopted include harmonizing recordkeeping requirements to a three-year standard to match recently passed local ordinances, extending the operative/ramp-up period so enforcement and outreach can occur before penalties take effect, and adding language intended to clarify retention and implementation details. Donna Levitt, director of the Office of Labor Standards Enforcement, said her office can enforce but prefers a longer ramp-up period to allow for outreach and staffing: "I would prefer that there's an operative date, and as of that date, we can enforce," she said, adding that six months would "allow us time to do the outreach and education."

A contested amendment offered by Supervisor John Avalos to remove a 20-employee threshold (thereby applying the ordinances to all formula retail establishments, including the very smallest) was approved in a roll-call vote, Avalos — Aye; Chu — No; Marr — Aye. Deputy City Attorney John Givner advised members that Avalos' change required additional public notice opportunities if substantive language changes were made; supervisors discussed scheduling a special meeting before the full Board session to ensure public comment on the final package.

Business groups urged delay and further technical fixes. "We still feel like it's a little premature" given an expanding definition of formula retail, Dede Workman of the San Francisco Chamber of Commerce told the committee, asking for more time to notify and educate affected businesses. Regina Dickendresi of the Small Business Commission recommended aligning definitions with federal standards and simplifying reporting requirements.

The committee did not complete final ordinance adoption on Nov. 12; instead it adopted the circulated amendments and continued the items to the call of the chair so sponsors and city attorneys can finalize amendment language and hold a special meeting for a committee report to the full Board. The sponsors indicated their intent to have the ordinances on the Board agenda the following Tuesday for first reading, pending final drafting and stakeholder notice.

Next steps: the committee will post the amended text and schedule a special meeting to resolve remaining technical issues before the Board votes on the ordinances.