Employee Protections Ordinance

To file a complaint under the Employee Protections Ordinance, call 311.

Overview

On April 21, 2020, the San Francisco Board of Supervisors adopted the PDF icon Employee Protections Ordinance as an emergency ordinance.  The ordinance took effect on May 1, 2020, and will expire on March 10, 2021 unless reenacted by the Board of Supervisors, or upon the termination of the Public Health Emergency, whichever occurs first.

Under the ordinance, On-Demand Delivery Services (defined below) must:

  1. Provide to or reimburse employees for the reasonable cost of purchasing necessary hand sanitizer, disinfecting cleaning supplies, and any needed personal protective equipment such as gloves and face masks.  These must be provided at no cost to the employee.
     
  2. Provide the Social Distancing Protocols of PDF icon Health Order No. C19-07b (Section 13.h) to employees in a manner calculated to reach all employees: via electronic communication and/or by posting conspicuously on the business’s web-based or app-based platform.
     
  3. Offer employees who make deliveries the option of a “no-contact” delivery method where feasible with detailed guidance on how to safely make both in-person and no-contact deliveries.
     
  4. Require delivery drivers to regularly disinfect high-touch surfaces in their vehicles and compensate them for doing so.  Again, there can be no cost to the employee.

    Note: the ordinance expressly defines “Employees” to include, without limitation, shoppers and drivers for an On-Demand Delivery Service who in a particular week perform at least two hours of work in San Francisco – without regard to whether the business classifies the person as an employee for any other purpose.

Under the ordinance, Covered Employers (defined below) must:

  • Allow employees to cancel scheduled work for any reason for which an employee may otherwise use leave under the City’s Paid Sick Leave Ordinance or emergency paid sick leave under the Families First Coronavirus Response Act. Employees must be allowed to use any available accrued paid sick leave or emergency paid sick leave, or where reasonably feasible to reschedule or make up the work without penalty. 

Employer Definitions

  • On-Demand Delivery Services means as a third-party online or mobile application or other internet service that offers or arranges for the consumer purchase and same-day or scheduled delivery of food products, medications, or other goods directly from no fewer than 20 restaurants, grocery stores, drug stores, and other Essential Businesses (as defined in PDF icon Health Order No. C19-07b).
     
  • Covered Employers means (a) a grocery store, supermarket, convenience store, restaurant, cafe, or other establishment primarily engaged in the retail sale of food; or (b) a drug store, pharmacy, or other establishment primarily engaged in the retail sale of medication, pharmaceuticals, or medical supplies; or (c) an On-Demand Delivery Service.

Statutory Authority

PDF icon Employee Protections Ordinance

PDF icon Employee Protections Ordinance - Administrative Guidance

Filing a Complaint / Questions

To file a complaint under the Employee Protections Ordinance, call 311.

For general questions, contact OLSE at (415) 554-7890 or Employee.Protections@sfgov.org.