April 17, 2023

For many San Francisco employers, the time to submit an Employer Annual Report Form to the San Francisco Office of Labor Standards Enforcement (OLSE) has come. Employers can find instructions for completing the form on the OLSE website.

Employers covered by San Francisco’s Health Care Security Ordinance (HCSO) or the Fair Chance Ordinance (FCO) must submit this report. This form would inform the OSLE how employers comply with the two ordinances. Furthermore, they must send it to the OLSE by May 1, 2023. In addition, failure to this report by the deadline could lead to a penalty of $500 per quarter.

Fair Chance Ordinance

This ordinance covers employers with a minimum of five employers. It also concerns employers contracted with the city and county of San Francisco. 

San Francisco’s Fair Chance Act is similar to the state’s. For example, both prohibit employers covered by the Act from inquiring about an applicant’s arrest or conviction records before making a conditional offer of employment. In addition, the job must require the employee to work at least eight hours a week.

The Fair Credit Act also bans covered employers from considering certain information during the hiring practice. For example, they cannot include arrests on the applicant’s records if they did not result in convictions.

This Act also requires employers to disclose the following information:

• How many workers they hired in San Francisco in 2022
• Whether they performed background checks on the applicants
• Whether they hired anyone with a conviction history

Health Care Security Ordinance 

The HCSO covers non-profit and private employers with one or more workers in San Francisco. It also details how it covers private employers with at least 20 employees within and outside San Francisco. In addition, it covers non-profit employers with a minimum of 50 employees under the same circumstances.

Employers covered by the HCSO must spend a set minimum on healthcare for each employee working at least eight hours weekly in San Francisco. In addition, they must disclose the following to comply with the HCSO: 

• How many workers they have for each quarter of 2022, 
• The number of employees covered by the HCSO during each quarter,
• The total amount spent on healthcare, and
• The type of healthcare coverage they offered to their employees.

Final Thoughts

Employers covered by San Francisco’s Health Care Security Ordinance or Fair Chance Ordinance must ensure they properly complete and submit the Employer Annual Report Form. It is crucial to comply with these ordinances and others like them. The best way to ensure compliance with any regulations concerning background checks is to partner with a trustworthy background check company.

Keep your business up to date on new laws and regulations with Pre-employ’s free news resources. Contact a sales rep today.

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