Update Applicable to:
All employers in the city of San Francisco

What happened and what are the details?
On April 3, 2018, the San Francisco Board of Supervisors passed an amendment to the San Francisco Fair Chance Ordinance (FCO), a “ban the box” law that sets restrictions on employers obtaining and using an applicant’s criminal history. The amendment will become effective on October 1, 2018.

Employers covered by San Francisco’s Fair Chance Ordinance or Health Care Security Ordinance (or both) must submit their Employer Annual Reporting Form to the Office of Labor Standards Enforcement (OLSE) by May 1, 2023.

San Francisco’s Fair Chance Ordinance applies to employers who:

• Are located or doing business in San Francisco; and
• Have five or more employees, regardless of whether those employees are all located in San Francisco.

San Francisco’s Health Care Security Ordinance applies to businesses who:

• Employ one or more workers within the geographic boundaries of the city and county of San Francisco;
• Are required to obtain a valid San Francisco business registration certificate; and
• Are a for-profit business with 20 or more employees or a nonprofit organization with 50 or more employees.

The following businesses do not need to fill out an Employer Annual Reporting Form:

• Businesses with less than five employees in each of the four calendar quarters of 2022 who don’t have a contract with the city and county of San Francisco; and
• Businesses with no employees within the geographic boundaries of San Francisco (including employees working from home in San Francisco) in 2022.

Employers do not need to notify the OLSE if they’re not required to submit the form—no further action is required.

Before starting the form, covered employers should thoroughly read the instructions because once you begin the process online, you cannot save it and return to it later. Employers can refer to this form preview to determine what information they’ll need to complete it.

Employers subject to the San Francisco Health Care Security or Fair Chance Ordinance should make sure to accurately complete and submit the Employer Annual Report Form by May 1, 2023, or a penalty of $500 per quarter will apply.

Employers can visit San Francisco’s Employer Annual Reporting Form webpage for more information, including preview pages, instructions, a video guide, and resources for self-funded employers. More information on the Fair Chance and Health Care Security Ordinance is available on their respective pages through the OLSE website.

For more information, please see the links below:

San Francisco’s Fair Chance Ordinance

Health Care Security Ordinance

Employer Annual Reporting Form

Article

What do employers need to do?
Employers should review the links provided above and ensure to accurately complete and submit the Employer Annual Report Form by May 1, 2023.

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