Reminder: 2021 Annual Reporting Deadlines
San Francisco Health Care Security Ordinance
San Francisco Fair Chance Ordinance

After a two-year hiatus, this Legislative Update is a reminder that May 2, 2022, is the deadline for employers subject to San Francisco’s Health Care Security Ordinance (HCSO) and those covered by San Francisco’s Fair Chance Ordinance to file an annual report (2021 Employer Annual Reporting Form) to substantiate compliance with these ordinances for 2021.

Summary of Reporting Requirements

The 2021 Employer Annual Reporting Form includes a section for those employers subject to San Francisco’s Fair Chance Ordinance. Thus, all employers covered by either the Fair Chance Ordinance or the HCSO will use the 2021 Employer Annual Reporting Form to satisfy these reporting requirements. Covered employers who fail to submit the 2021 Employer Annual Reporting Form can be subject to a penalty of $500 for each quarter that the violation occurs.

Health Care Security Ordinance

Employers are covered by the HCSO during 2021, and thus subject to the 2021 annual reporting requirement, if they satisfy all of the following three requirements:

• 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 2021; and
• They are a for-profit business with 20 or more persons who performed work in any calendar quarter during 2021, or a nonprofit business with 50 or more persons who performed work during any calendar quarter during 2021 (regardless of where the persons are located); 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 2021; 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 2021; or
• Employers that had no covered employees in San Francisco during 2021.

Employers who were not covered by the HCSO in any quarter of 2021 are not required to complete the 2021 Employer Annual Reporting Form. These employers do not need to notify the City that they were not covered; no further action is required.

Fair Chance Ordinance

The Fair Chance Ordinance (FCO) is codified in Article 49 of the San Francisco Police Code and Chapter 12T of the San Francisco Administrative Code. For purposes of 2021 reporting requirement, the FCO 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, as well as prohibits these employers from considering certain criminal history information of potential applicants.

Frequently Asked Questions

The City has also provided the following frequently asked questions regarding the 2021 reporting requirement:

Do I need to complete the form? Start by answering these introductory questions. If you answer these accurately and you were not covered by the relevant laws in any quarter of 2021, you will be directed to a web page stating that you do not need to complete the rest of the form.

How do I find my Business Account Number? You can find the number by searching for your business here.

How long will the form be available? The online 2021 Employer Annual Reporting Form will be available through May 2, 2022. No submission will be accepted after that date.

Additional Information

Helpful information regarding these ordinances can be obtained by accessing the following links and/or documents:

• 2021 Employer Annual Reporting Form and instructions
• Administrative guidance and other HCSO resources
• Fair Chance Ordinance Information
• HCSO ARF Webinar
• FCO ARF Webinar
• New HCSO Notice for 2022 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
• To sign up for OLSE email updates, click here

You may also contact your Burnham Benefits Consultant or Burnham Benefits at 949‐833‐2983 or inquiries@burnhambenefits.com.

Burnham Benefits does not engage in the practice of law and this publication should not be construed as the providing of legal advice or a legal opinion of any kind. The consulting advice we provide is intended solely to assist in assessing its compliance with the Patient Protection and Affordable Care Act and other applicable federal and state law requirements, and is based on Burnham Benefit’s interpretation of federal guidance in effect as of the date of this publication. To the best of our knowledge, the information provided herein, and assumptions relied on, are reasonable and accurate as of the date of this publication. Furthermore, to ensure compliance with IRS Circular 230, any tax advice contained in this publication is not intended to be used, and cannot be used, for purposes of (i) avoiding penalties imposed under the United States Internal Revenue Code or (ii) promoting, marketing or recommending to another person any tax-related matter.