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tv   [untitled]    July 11, 2013 4:30pm-5:01pm PDT

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doctor's appointment and frankly the provisions we went through a lot of meaningless and we don't have a resolution on that today we've taken all that language out expect that a employee can request predictability ability. i want to thank the small business community as well as advocates working for families this is a topic for further discussion i intended to convene some more meetings to resolve those but it's not to be resolved in a quick manner. we have delineated and narrowed what we referred to around appeals so the appeals apply to employers for whom osc have investigated and found some
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violation. we've narrowed this measure to employers that have more than 20 employees and employees who work more than two hours a week and we've also broadened the measure it was initially to be applied for folks with children but it is beyond that. and one last thing to mention because this is new and new things can be a little bit scary we want to be sure that any unintended things come up expect to make sure that the ordinance if it wyoming were to pass cannot be repealed >> one of the issues that's
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been waisz advised the suggestion that the reality that many employers are already providing flexible work arrangements. i want to appreciate the san francisco businesses that are offering this. there are more san franciscans businesses that are offering that. we want to do this it; four, followed i think it's important to level the playing field i think it's important to do the right thing but more importantly we find a disconnect between the employers and employees while employers he think their providing flexible arrangements it often means for the favorable employees there's not a workplace culture whereby those conversations are valued and in
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the h.r. literature the concept known as the flexibility standard if you are an employee and you ask for this somehow there's going to be drimdz against. at the end of the day this legislation does about nudging changes in the workplace. i want to thank the employers who have initialed this and advocates for working families and children. i want to thank the business community for their tremendous feedback and we've worked with many city departments from the department of status of women and the department of human resources and our city attorney who's done tremendous work. so with that i'd like to if
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unless there's any questions start to call up some city departments with brief presentations. and as mr. egging on comes up he has a lot of work on emphasis plate and i appreciate his independent knowledge. he had an early draft that pointed out out some otherwise issues and i want to thank the gentleman. good afternoon at the time from the controllers office of economic analysis. yesterday we issued a report and i'd like to go over that report now. as supervisor chul chu has mentioned this legislation has gone through several reiterates and i want to make it clear for
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the record which version of the legislation it was originally introduced on june 11th and we were provided on july 2nd this was on july '89. yesterday mng we were provided with a second amendment of the version so if anyone's interested in the differences what i say today and monday we're talking about two different versions of the legislation. i'll briefly reiterate some of the aspects of the legislation that impacts the legislation. it simply alleyways allows a employee to request a flexible work schedule. an employee is qualified if they're responsible for a parents over 65 and they must
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work with their employer over 67 most. temporary employees may be inadmissible by over 6 months. an employer must toogs 3 suggests from the employee. and this includes 20 or more employees and other government and state and federal agrees are not included. the human resources director can include certainty occupations. this leaves us with the 9 percent private employees in san francisco that are covered and pillow 82 percent of the
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employees many the city. the qualified employee can make essentially any change to their hours of work timing of work, work assignment providing that going with the care they provided >> excuse me. i wanted to know if you have a copy of what you're presenting. >> i do we'll get that to you. >> thank you and just to briefly go over again how the process
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works the initial request must be made in writing the employer may defining deny the request for a good reason. if the request is denied the employer must explain the basis in writing and the employee who's request is denied can have that reconsidered and if reiterated that has to be explained. the city's office of labors enforcement establishes rules and composed penalties and the o e.c. may not find the business only if the employer failed to apply or violates the employees
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rights. the economic impact unfortunately, the last survey happened about 10 years ago but it showed about thirty percent of the employees across the country i would agree it's probably a higher number in san francisco. the reason those volunteer arrangements have been worked out the reason because the benefits to the employee anti weigh the employer. and that includes a higher work production and people not he leaving because they have something that better meets their schedule and the recruiting costs >> can you explain brown were there data comes from. >> the data around the
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productivity. >> just what this actually doesn't where is the data come from. >> some are alluded to in the supervision presentation that have looked at the letters and employees highway after the arrangement have effected them. >> legislation that is similar to this has been adopted in other countries and in the u.s. vermont in the united kitchen was the first country to adopt this. and the coalition has suggested to have this in effect next year. the faculties a right to request s rather than a right if the employee were able to set the
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scheduled with a cost to the employer with an economic impact but because this gives the employer the right to deny it it would filter out the impact. what you're left with is a systematic and universal right to make a request and have that request serial considered. without the cost to the employer will go through and that will have the economic benefits we can expect to see the benefits from the volunteer program. it's likely this unnecessarily effective will increase the number of work arrangements flexible work arrangements in san francisco without increasing the costs to businesses and that is highly likely to have an
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impact citywide >> and on that i will take any questions that you have. >> i want to thank the jae gentleman and colleagues if we have no questions i'd like to invite up the director of the staffing. >> good afternoon supervisors i'm the executive director on the status of women i want to thank itself supervisors and my staff who's been working hard. i'm here to stress my support this will have a wonderful impact. we've lead a partnership with
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cal net and human rights montd nonprofit on the gender principles to advance gender quality in the workforce and i went to work in the italian work - we have mckins that document that document work life business is good for the bottom line. you might see the gold ribbon. this proposed ordinance is a 21st century that reflects the needs of our community. this ordinance is a win for our employees and win for our families and our city.
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our households and workforce has changed as was illustrated in the power point. according to a recent report 40 percent of our households at the age of 18 are the sole breadwinners for the families and they're mostly single mothers. additional low wage and hourly women in the minority are victims of inbe flexibility. they have fire financial resources and are less likely to share family work and having flexibility on the job it is absolutely necessarily. and flexibility is important for single moms it's about families and parents and communities everyone he benefits.
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and it's smart business employers leave money on the table and miss out open profit and growth in good times and bad. and many of our businesses already know this small biz businesses have been that credible innovativeors. gift more smaller needs and flexibility is good for them and us. i urge you to support this measure and make sure that san francisco continues to be healthy and a flexible place to work and it will keep families in our communities. together let's help san
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francisco become the gold standard. and on 0 final notes the committees agenda change and be flexible so i don't have to run out and pick up my kids at the same time (laughter) >> that's part of being flexible. i'd like to invite of its director of small businesses. that's fair to say there's concerns raised as we discussed and i tried to work diligently to address them but on behalf of the commission is regina and a thank you supervisors you should have received a copy of the commissions response if not, i have copies hero. so the commission did hair the legislation the ordinance on
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monday july 8th and it's official responses not to approve as presently drafted amendments are required and between that the evening of monday july 1st and today supervisors chu has been working on the amendments outlined anonymous outlined in the commissions response but also with some additional responses and requests from the community that is important for the small business commission their recommendation to the supervisor was to work go with the business community to address the concerns that were currently in the ordinance. the key things have been change that the small business identified was to remove the impede workable refresh my memory making it consistent in terms of when the board of
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supervisors wants to make any changes to the ordinance. in addition the commission recommended changing the employer - the employer from 10 employees to 20 employees to make that consistent with the health care sxurt ordinance. we hear over and over again that businesses want to have our policies be consistent and one of the means is making those thresholds consistent. i wanted to extend our appreciation and katherine for taking the recommendations into
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account in the final draft minutes. the one other component that the commission was very firm and had a strong opinion on is that this ordinance really should be taken through the legislature process and not the ballot process. when an ordinance such as this, the voters think this is something that couldn't be resolved at the board of supervisors level 80 so as you heard from many presentations the supervisors many businesses are already providing flexible work arrangements. they know this is good for business and that's happening and we've heard heard from many small businesses owners they're doing that. so putting this on the ballot
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makes a statement because businesses are not doing this so the commission was very firm on it and it made a strong regulation that this ordinance should work its way through the legislature process. those are the key comments and i'm happy to answer any questions >> so i want to make a couple comments i want to thank the small business commission. before the monday meeting i had propriety a number of amendments and i understand i'll ask the committee to adopt today their acceptable but colleagues there were a number of other amendments that were placed on the version. i want to address the ballot measures. the suggestion that i think
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voters will think because something comes on the ballots is there because we couldn't take care of it. but that's not true. and i also want to say that assuming if this were to go to the ballot i think there's an opportunity here in san francisco for us to say that in san francisco we do business you differently and many employers already provided the opportunity for employees to request a flexible working arrangement and that's something we should talk about harassing as part of the education effort but this reflects our values and a particularly the challenges fatiguing parents and caregivers >> i look forward to take up to work on this measure but i wanted to make those points.
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i have a question for president chiu. why i don't understand why this has to go to the ballot and why it can't work itself out through the legislature process >> as i mentioned before this will not only have the flexible working arrangements been around but this idea has been around for 10 years and adopts in other countries very consecutively. and democratic policy passersby my case president obama and secretary clinton wanted to move forward international but we could be another jurisdiction in our country to step up and say
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this makes sense. we were asked by state and local advocates to move it to the ballot and have a conversations to educate the public about the possibilities and educate employers and employees and have to a discussion. it's about something that colleagues feel differently about i'm open to that but i thought it should move to the november ballot >> thank you. i think because i haven't had a chance to digest this. and i was a former employer even if people. mostly some parents who when arou parents schedule and technically we could allow for flexible time mostly we the but
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a big part of the job is the fact that we had a non-profit we had a need for both sides and presents which is not something that i believe based on this legislation is something you could somehow if on employee asked for a flexible work schedule and they were told no and could file a complaint and our response would have been we need the presence of individuals here i don't see that as a reasonable argument so i'm finding it really challenging to understand the impacts on a lot of the groups that i've worked with in the past the non profit community and just how you
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define those kinds of things from a legal prospective. the other concern i have here is i mean everyone has the right to ask and this, of course, adds a layer of bureaucracy that is a little bit unclear obtain terms of how you clear those issues. i know the office of standards helps facilitate that. i found as someone who had employees that this added layer could be frustrating. there are a state department where a number of regulations exist that provided from a state prospective certainty regulations we're required to follow. i've been through issues with employees. and i've been through situations
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where an employee had to take 6 months off to take care of her mom and we did everything she could she got paid and a worked from home. i know there's a lot of people sensitive to that in san francisco but to add another layer in some ways i feel forced employers to have to deal with an additional requirement and there's the challenge of we can't forcing enforce it with state employees or federal employees we're not trying to look at doing it with our city employees first. there's a lot of questions i have and a lot of concerns and a lot of uncertainties about
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moving on legislation like this of having personal experience of having employees and dealing with the challenges of trying to implement policy after policy after policy to the point where your disencouraged from trying to hire people. correct me if i am wrong but you have the right to ask that's yo your first amendment right. villaraigosa the ability to work things out with an employer. so i'm trying to figure out how this make sense to push on the ballot i mean in this kind of
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really fast pace manner and a president chiu so there's no confusion sincel facilitate thi discussions >> oh, certainly. >> till we get to the point of no amendments. >> supervisor cowen. >> this is an interesting conversation here. from envy prospective we have an opportunity to continue moving the conversation forward and continuing to test the limits. i remember a time when gay men and women couldn't get married and you heard some of the similar things at any time chambering how much is it going to cost as a business and will they kiss in front of me. we tried to get women in the
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military it's too costly too sweeping of a change. we here civil rights we can't let woman and colors vote it's too much and too foos. we've got local laws on the books that says it's okay for african-americans to own property but we know from jim crow it was hard to own property. we know that the legal courts are set up to handle any kinds of a change. and the turning the prop 8 as well as don't ask don't tell. and the fight in congress about
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sexual harassment in the military. yes. i agree there are businesses that do handle their business in an honor and integral way don't use fear and intimation on their workers we have businesses in this country that doughnut carry themselves in this high responsibility. we have a responsibility to push people out of their comfort zone. why the ballot and not the democratic process they've