April 09, 2019
This Legislative Update is a reminder that April 30, 2019 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 (2018 Employer Annual Reporting Form) to substantiate compliance with these ordinances for 2018.
The 2018 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 2018 Employer Annual Reporting Form (available here) to satisfy these reporting requirements. Covered employers who fail to submit the 2018 Employer Annual Reporting Form can be subject to a penalty of $500 for each quarter that the violation occurs.
Employers are covered by the HCSO during 2018, and thus subject to the 2018 annual reporting requirement, if they satisfy all of the following three requirements:
The following employers are not covered by the HCSO:
Employers who were not covered by the HCSO in any quarter of 2018 are not required to complete the 2018 Employer Annual Reporting Form. They do not need to notify the City that they were not covered; no further action is required.
Fair Chance Ordinance
The Fair Chance Ordinance is codified in Article 49 of the San Francisco Police Code and Chapter 12T of the San Francisco Administrative Code. For purposes of 2018 reporting requirement, the Fair Chance Ordinance applies to employers in the City and County of San Francisco with 20 or more employees worldwide, as well as City contractors, and housing providers. The ordinance specifically requires covered employers to review an individual's qualifications before inquiring about that person's arrest and conviction record(s) and related information, as well as require that they limit the use of criminal history information and follow certain procedures and restrictions when inquiring about and using that information.
In October 1, 2018 the ordinance was expanded to include all employers with 5 or more employees. Those employers that became covered by the ordinance as of October 1, 2018 (those with 5-19 employees) will be required to report for the first time in April 2020.
Helpful information regarding these ordinances can be obtained by accessing the following links:
For additional information, please contact your Burnham Benefits Consultant or Burnham Benefits at 949-833-2983 or firstname.lastname@example.org.
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