On April 17, the Bar Association of San Francisco offered a CLE on San Francisco and Oakland employment ordinances. For all of our members, here are some highlights:
City of Oakland Employment Ordinances
- Minimum wage & paid sick leave ordinance (OMC Ch. 5.92): in addition to minimum wage standards and prohibiting retaliation, requires employers to provide a certain amount of paid sick leave to employees for use for employees and family members and designated persons, without unreasonable conditions or fear of adverse employment consequences; requires payment of service charges to hospitality workers; and guarantees access to payroll records.
- Hotel Workers Ordinance (OMC Ch. 5.93): in addition to minimum wage standards and prohibiting retaliation, requires hotels of a certain size to provide panic buttons to hotel workers and pay double time pay to workers who clean more than the maximum square footage in a day.
- Right to Recall Ordinance (OMC Ch. 5.95): certain hospitality and travel employers must give replacement offers to certain laid-off employees if a position opens up for which they are qualified
- Protection Against Discrimination (OMC 9.44.020): prohibits discrimination on the basis of sexual orientation, gender identity, and/or expression.
All of Oakland ordinances can be found in the Oakland Municipal Code (“OMC”): https://library.municode.com/ca/Oakland/codes/code_of_ordinances
For more information, please visit the Oakland Department of Workplace and Employment Standards (“DWES”) website: https://www.oakandca.gov/departments/workplace-employment-standards and click on Citywide Labor Laws. You can also read the FAQ on the Oakland City Attorney’s authority to defend Oakland workers’ rights here: https://www.oaklandcityattorney.org/wp-content/uploads/2025/01/2024.12.18-FAQ-re-Oakland-City-Attorneys-Authority-to-Enforce-Oakland-Workers-Rights-signed-by-BJP.pdf.
City and County of San Francisco Laws
San Francisco has a variety of employment laws that practitioners should be aware of, including a City-wide minimum wage, a healthcare spending requirement, and a law that requires employers to augment California’s paid parental leave benefits.
- Article 1: Minimum Wage
- Article 11: Paid Sick Leave
- Article 12: Domestic Worker Access to Paid Sick Leave
- Article 13: Public Health Emergency Leave
- Article 14: Paid Parental Leave
- Article 15: Military Leave Pay Protection Act
- Article 21: Health Care Security Ordinance
- Article 31: Lactation in the Workplace
- Article 32: Family Friendly Workplace
- Article 41 & 42: Formula Retail Employee Rights
- Article 81: Residential Construction Wage Theft Prevention
- Article 61 & 141: Consideration of Salary History
- Article 71: Displaced Worker Protection Act
- Article 142, Police Code 49: Fair Chance Ordinance
For a view of San Francisco’s ordinances, consult San Francisco Labor & Employment Code which can be found at https://codelibrary.amlegal.com/codes/san_francisco/latest/overview
For more information, please visit the San Francisco Office of Labor Standards (“OLSE”) website: https://www.sf.gov/departments–office-labor-standards-enforcement (See links under “Citywide labor laws”)
