By Jennifer Lippi, JD, SPHR
For those of you with employees who worked in San Francisco in 2024 this is a reminder that annual reporting is due by May 2, 2025. Employers subject to San Francisco’s Health Care Security Ordinance (“HCSO”) and/or those covered by San Francisco’s Fair Chance Ordinance (“FCO”) must file an annual report to verify compliance with these ordinances for 2024.
The Employer Annual Reporting form also includes a section for those employers subject to San Francisco’s Fair Chance Ordinance. All employers covered by either the FCO or the HCSO will use the 2024 Employer Annual Reporting Form (“ARF”) to satisfy the reporting requirements. Covered employers who fail to submit the 2024 Employer ARF can be subject to a penalty of $500 for each quarter that the violation occurs. The Employer Annual Reporting Form is available here.
HEALTH CARE SECURITY ORDINANCE
Employers are covered by the HCSO during 2024 if they satisfy all of the following requirements:
• They are a for-profit business with 20 or more persons who performed work in any calendar quarter during 2024, or a nonprofit business with 50 or more persons who performed work during any calendar quarter during 2024 (regardless of where the persons are located); and
• They employed one or more workers who performed work within the geographic boundaries of the City and County of San Francisco in any calendar quarter during 2024; and
• They are required to obtain a valid San Francisco business registration certificate pursuant to Article 12 of the Business and Tax Regulations Code.
The following employers are not covered by the HCSO:
• A private employer that employed fewer than 20 persons, with no employees in San Francisco, in each of the four calendar quarters of 2024; or
• A non-profit corporation that employed fewer than 50 persons (including those employed outside of the City) in each of the four calendar quarters of 2024; or
• Employers that had no covered employees in San Francisco during 2024.
Employers who were not covered by the HCSO in any quarter of 2024 are not required to complete the 2024 Employer ARF. These employers do not need to notify the City that they were not covered; no further action is required. If you are not certain, you may complete the first page of the ARF and the system will direct you to a webpage to continue reporting or notify you that you are “not required to file”.
FAIR CHANCE ORDINANCE
The Fair Chance Ordinance applies to employers with 5 or more employees (total worldwide) and City contractors, subcontractors, and leaseholders. The FCO prohibits covered employers from asking about arrest or conviction records until after a conditional offer of employment. The FCO also prohibits employers from ever considering certain types of criminal history information.
Below is further information regarding both of these ordinances:
• HCSO and FCO Annual Report Form
• Administrative guidance and other HCSO resources
• HCSO and FCO ARF Webinar
• HCSO Notice for 2025 and FCO poster are required to be posted at each job site and emailed to remote employees.
• You may also email HCSO at hcso@sfgov.org or call (415) 554-7892 with any questions regarding your rights or responsibilities under the HCSO
• Fair Chance Ordinance Information
• You may also email FCO at fso@sfgov.org or call (415) 554-5192
• To sign up for OLSE email updates, click hereEmployment Posting Update
The Office of Labor Standards Enforcement (OLSE) has updated the San Francisco Paid Parental Leave Ordinance (SF PPLO) poster for the first time since 2020. The new poster reflects recent changes to the CA Paid Family Leave program effective January 1, 2025, so be sure to have the poster placed at each worksite where employees can easily read it and provide it electronically for remote employees as soon as possible.