The San Francisco Office of Labor Standards Enforcement (OLSE) just released a notice for the city’s new Consideration of Salary History Ordinance, as well as an update to the minimum wage notice.

Keep reading to learn about the current and future changes in store for San Francisco employers and employees.

What’s Happening in the City by the Bay?

Consideration of Salary History Ordinance

On July 1, 2017, San Francisco’s Board of Supervisors passed the Consideration of Salary History Ordinance, which goes into effect on July 1, 2018. The ordinance was created to ensure parity in pay for women, who historically have been subjected to gender-based wage disparity and discrimination in comparison to their male counterparts.

Under this new law, employers (including city contractors and subcontractors) may not:

  • Inquire about a job applicant’s salary or wage history
  • Consider an applicant’s salary history when making an offer of employment or deciding what salary to offer—unless the applicant has shared this information voluntarily and without prompting
  • Disclose the salary history of a former or current employee to a prospective employer without written permission from that employee
  • Retaliate against applicants who do not disclose their salary history

The ordinance authorizes the City of San Francisco to bring a civil action against any employer who violates the provisions of the ordinance.

Minimum Wage Increase

Beginning July 1, 2018, all employers must pay their employees—including temporary and part-time workers—at least $15.00 per hour. As previously, this minimum wage requirement applies to adult and minor employees who work two or more hours per week in the City of San Francisco.

For certain employees under the age of 18 or over the age of 55 who work at government-subsidized nonprofit organizations, the minimum wage increases to $13.27 per hour.

Future Changes for San Francisco

Updates to the Fair Chance Ordinance

On April 3, 2018, the San Francisco Board of Supervisors passed an amendment to the city’s Fair Chance Ordinance, which does not go into effect until October 1, 2018. The ordinance now applies to employers who have at least 5 employees rather than 20 employees.

Employers are prohibited from asking about, requiring disclosure of, or basing employment decisions on an individual’s conviction history until after a conditional offer of employment.

Additional amendments include increased penalties for first, second, and subsequent violations of the law, and employees may now file a lawsuit against an employer who has violated their rights. Previously, only the City Attorney could sue for violations.

You can rest assured that as soon as the Fair Chance Ordinance notice has been updated, our San Francisco customers will be the first to know.

We Can Help You Stay in Compliance

If you order our City/County Poster 1-Year Plan, you will automatically receive the updated San Francisco poster as soon as it is available. And because we offer free poster updates for mandatory changes—no matter how many occur during the year—you can count on Poster Compliance Center to keep you in compliance!