San Francisco County Municipal Code § 42.5 Equal Treatment

(a) Hourly Wage. Employers shall provide Part-Time Employees with the same starting hourly wage as that provided to starting Full-Time Employees who hold jobs that require equal skill, effort, and responsibility, and that are performed under similar working conditions, provided that hourly pay differentials between Part-Time and Full-Time Employees are permissible if such differentials are based on reasons other than the Part-Time status of the Employee, such as a seniority system, merit system, system which measures earnings by quantity or quality of production, performance or responsibilities. This subsection (a) shall not affect the minimum hourly requirements for receipt of benefits including but not limited to health care benefits. (b) Access to Time Off. Employers shall provide Part-Time Employees with the same access to Employer-provided paid and unpaid time off as that afforded to Full-Time Employees for the same job classification. A Part-Time Employee’s eligibility for Employer-provided paid or unpaid time off may be pro-rated based on the number of hours that the Part-Time Employee works. This subsection (b) shall not apply to Employers that are subject to the Minimum Compensation Ordinance, Labor and Employment Code Article 111. (c) Eligibility for Promotions. Employers shall provide Part-Time Employees with the same eligibility for promotions as that afforded to Full- Time Employees for the same job classification, provided that an Employer may condition eligibility for promotion on the Employee’s availability for Full-Time employment and on reasons other than the Part-Time status of the Employee, such as nature and amount of work experience. (d) The requirements imposed by this Section 42.5 shall apply to Property Services Contractors as to work performed in San Francisco at a Formula Retail Establishment covered by this Article 42, under a contract with an Employer. An Employer shall include in any such contract executed on or after the operative date of this Article 42, (1) a provision requiring the Property Services Contractor to comply with this Article and (2) a copy of this Article. The Employer shall retain copies of such contracts for a period of not less than three years following the expiration or termination of the contract, and make such copies available to the Agency for inspection upon request. In addition, Sections 42.6, 42.7, 42.9, 42.10, and 42.11 of this Article shall apply to a Property Services Contractor as if it is an Employer for purposes of notice, record retention, compliance, investigation, and enforcement of the requirements of this Section 42.5. (Added as Police Code Sec. 3300G.5 by Ord. 241-14, File No. 141024, Eff. 1/4/2015, Oper. 7/3/2015; amended by Ord. 17-15, File No. 141265, App. 2/13/2015, Eff. 3/15/2015; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)