San Francisco County Municipal Code Art. 107 Labor Standards Enforcement

(a) Subject to the approval of the Mayor and Director of the Department of Administrative Services, the Labor Standards Enforcement Officer shall develop and administer a plan for the enforcement of, and is authorized to enforce, the Prevailing Wage requirements and other labor standards imposed by the Charter, the Prevailing Wage Provisions, and/or Chapter 6 of the Administrative Code. The Labor Standards Enforcement Officer shall coordinate the Labor Standards Enforcement Officer’s activities with federal and State labor standards agencies. The Labor Standards Enforcement Officer shall direct the City’s enforcement of the Prevailing Wage requirements and other labor standards imposed by the Charter, the Prevailing Wage Provisions, and Chapter 6 of the Administrative Code on Contractors as directed by the Mayor, and to this end all City departments shall cooperate with the Labor Standards Enforcement Officer. (b) The Labor Standards Enforcement Officer has the authority to seek for a violation of the Prevailing Wage Provisions, working conditions, or apprenticeship requirements all of the penalties imposed by the Prevailing Wage Provisions and/or Chapter 6 of the Administrative Code, including the authority to file charges, in the same manner and to the same extent as a Department Head, which may lead to the debarment of the Contractor under Article V of Chapter 6 and/or Chapter 28 of the Administrative Code. (c) The Labor Standards Enforcement Officer shall oversee the training of City personnel in the area of labor standards enforcement. In accordance with applicable law, including the civil service provisions of the Charter, the Mayor or the City Administrator may enter into a contract for investigative and monitoring services to further the purposes of this Article 107. In evaluating the qualifications of persons seeking that contract, the Mayor shall consider, among other relevant factors, the experience of those persons in monitoring and investigating labor standards compliance. (d) This Section 107.1 shall not limit the authority and duties of the Labor Standards Enforcement Officer established elsewhere in City law, including without limitation Section 2A.23 of the Administrative Code. (Added by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)

Subject to the fiscal and budgetary provisions of the Charter, the Office of Labor Standards Enforcement is authorized to receive from departments awarding contracts the amount reasonably calculated to pay for the costs, including litigation costs, of enforcing the City Prevailing Wage requirements and other labor standards for contracts awarded by those departments. The Labor Standards Enforcement Officer shall supervise the expenditure of all funds appropriated for enforcement of Prevailing Wage requirements and other labor standards imposed by the Charter, the Prevailing Wage Provisions, and Chapter 6 of the Administrative Code. (Added by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)

(a) The Labor Standards Enforcement Officer shall establish an administrative procedure to address allegations of labor standards violations in connection with any contract under Chapter 6 of the Administrative Code or any contract for a Covered Project or Covered Contract. The Labor Standards Enforcement Officer shall have sole authority over the administration of this complaint procedure. The complaint procedure shall include but need not be limited to the following: (1) any person may file a complaint, written or oral, alleging one or more violations of any labor standards requirement imposed by the Prevailing Wage Provisions or Chapter 6 of the Administrative Code on Contractors;

(2) before beginning to investigate the complaint, the Labor Standards Enforcement Officer shall determine if the allegations of the complaint are sufficient, and based on that assessment shall determine to either dismiss it or proceed with an investigation; (3) if the Labor Standards Enforcement Officer at any time determines that the allegations in the complaint are without merit, the Labor Standards Enforcement Officer shall notify the complainant; and (4) if the Labor Standards Enforcement Officer finds that any allegations in a complaint have merit, the Labor Standards Enforcement Officer shall proceed in accordance with the enforcement procedures under Article 106. (b) Notwithstanding the foregoing, the complaint procedure in subsection (a) is not applicable to those matters under the administrative jurisdiction of the Human Rights Commission. (c) The complaint procedure established in subsection (a) shall not preclude the Labor Standards Enforcement Officer from initiating or proceeding with an investigation on the Labor Standards Enforcement Officer’s own authority. (d) All Contractors and departments engaged in a Covered Project or Covered Contract shall cooperate fully with the Office of Labor Standards Enforcement in connection with any investigation of any complaint filed in accordance with the complaint procedure established in subsection (a). The Labor Standards Enforcement Officer may interview, either at the worksite or elsewhere, any witness who may have information relative to a complaint. (Added by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)