Update on Local Ordinances and H-1B Cap Reached

If you are a San Francisco employer, here’s a reminder about some SF-specific ordinances that can be costly if you don’t comply.

Also, for those of you who look to foreign nationals to fill certain skill needs, the H1-B cap has been reached for this year. This year there were 172,500 H-1B petitions received and only 65,000 were selected, leaving 87,500 applicants who are no longer eligible for H-1B status this year. Contact your immigration attorney for options for those employees.

Paid Sick Leave

The San Francisco Paid Sick Leave Ordinance states that all employers must provide paid sick leave to each employee (including temporary and part-time employees) who performs work in San Francisco. Paid sick leave begins to accrue 90 calendar days after the employment start date. Employees are to accrue one hour of paid sick leave for every 30 hours worked.

Employers with fewer than 10 employees (including fulltime, part-time and temporary employees) must allow their employees to accrue up to 40 hours paid sick leave before capping it. Employers with 10 or more employees must allow up to 72 hours of accrued paid sick leave. An employee’s accrued paid sick leave carries over from year to year. The ordinance entitles employees to paid sick leave for their own medical care and to care for a family member.

Be sure you post the Paid Sick Leave Notice.

Healthcare Security

If you have 20 or more employees, or are a nonprofit with 50 or more employees, regardless of where those employees are located, you are required to make a minimum level of expenditure toward healthcare for covered employees. Covered employees are those who have worked for you for more than 90 calendar days, and work at least 8 hours per week in San Francisco.

In addition, you must maintain records sufficient to demonstrate compliance with the requirement; post a Health Care Security Ordinance Notice in all workplaces with covered employees; and submit an annual reporting form by April 30^th each year.

Family Friendly Workplace

San Francisco’s Family Friendly Workplace Ordinance went into effect January 1, 2014. Under this ordinance, employers with 20 or more employees must allow covered employees to request a flexible or predictable work schedule to allow them to assist with care giving responsibilities for:

1. Their child or children under the age of 18
2. A family member with a serious health condition
3. Their parent, age 65 or older

Be sure to post the required Notice.