and employ other individuals for the job clarification that the transfer ends 90 days after the successor employers open the business to the public and e the obligation to hire the employees retention is whether they do business in san francisco if the successor employer didn't need to employ all they must look at the date of hire by the incumbent employer or the applicable bargaining agreement and lastly it requires the employers to post and make records available to the city they must post notice when a formula retail business is - and with the first paycheck after the transfer the employers must

post the rights of employees at the work place and employers must give the city the payment and records with the appropriate notice by the city at a mutually abdominal time and it proscribes the employers to take all files and documents to be submitted to the clerk versus action against the employees for exercising their rights in conclusion the worker bill of rights is an compliment to our raising of our raising the minimum wage to $15 an hour it is just, fair scheduling is critical for the tens of thousands of workers and the families those measures provide economic security for 10 of thousands of restaurant and

other service workers their key pieces to closing the unacceptable dived in our city the way we crafted it president chiu and my office we're gnarling targeting those businesses that are the perpetrators of practices that can afford to implements those common sense reservations and janitorial and security contractors are only regretted under the formula retail service those are businesses that are sgrabl to the business and the workers deserve the same level of protection our two ordinance the workers bill of rights will raise the bar for a large number of employees without negatively impacting our small business sector and much of the coalition that is here and those not urge your support i wanted to thank

our office of economic workforce development for being here and our director regina as we started to think about this process several years ago as well. >> commissioners, comments or questions. >> commissioner dooley. >> i have one question about why nonprofit formula retails like good well, are not included. >> i know as we crafted that with our coalition we were looking at the most abuse of practices that was probable a consideration but perhaps as some of the coalition testifies weigh get more information but that's my understanding why we did that. >> commissioner tour-sarkissian. >> supervisor mar thank you for your presentation i have a few

questions on the distinction rerlt to the employee and employer you've the official employee is an employee may i read it first. >> if you could point out the page. >> it's page 3 of the legislati legislation. >> so line number 8 starting. >> yeah. >> i've agreed shall have the same meaning the employee in section 2.3 of the minimum wage ordinance it amended from time to time except an employee in a particular with work e week is scheduled for an on call shift

for two hours within the boundaries of the city regardless if the person reports to work four such shift the question is if a business has employees and employees on call for two hours that would be counted as an employee for purposes of the legislation. >> yes. that's my understanding. >> and so this may capture a lot of small businesses in my opinion do you share that feeling we're going not targeting potentially the large businesses could bring under our legislation smaller businesses. >> well, it's employees of formula retail that's 11 or more stores combined and if we're

xooufd the franchises and small businesses when they have 20 or less employees. >> so potentially a franchise he with 20 employees falls under this decision you no excluding that's a key part of it we were working with the small business leaders to make sure that the businesses with 20 or less employees are executed part of both pieces of legislation. >> so if a franchise has more than 20 employees they'll be still excluded. >> if they're not a chance a chain is 11 or more businesses in the u.s. or globally so they would be covered by this but if you're not a chance you're not covered. >> you said a franchise he if i own a pizza hut i have less than

20 employees am i covered. >> my understanding you're not covered. >> where is the exclusion of the small franchise he the next defines is the employer maybe i should read that definition of the employer to see if the franchise he is excluded any person that opposes and operates a small establishment it is a defined word i guess and the ordinance applies to formula retail establishments you have to have 12 or more businesses the ordinance applies to formula retail establishment with 20 or more employees in the city so if you don't have 20 or more employees in the city it doesn't cover you. >> so if you're a franchise he

and have less than or more than 20 employees you will not be covered let's say you own a pizza hut with 20 or more employees will you be covered. >> yeah. because pizza hut a formula retail businesses. >> so they'll capture a small franchise that has 20 employees or more. >> but my understanding is if you 20 or less than 20 flez employees and you have a franchise you're not covered; is that right samantha. >> if you fall into formula retail and have less than 20 it will not apply to you the reasoning is that we wouldn't capture the smaller franchise the stand alone 7-eleven that

have 5 but therefore we have retailer establishments with the idea we found the number to be substantial enough if we have 20 or more they can pull from other locations to cover that but if they have less. >> in fact, the legislation if you have two locations and you use occasionally an employee from another location that will count towards the 20. >> so basically, if you have part-time employees or full-time applies and employees on call at least two hours per week or per month or what is the two hours thresholds? >> so i should say samantha

commissioner, i say samantha should present the other pieces of the bigger workers bill of rights that gets to the on call then i'll stay here i have to go in a little bit. >> thank you for your answer. >> good evening, commissioners executive director regina thank you so much i'm samantha restraining order hospitals representing president chiu to talk about the formula retail bill of rights our portion is the predictability scheduling our ordinance if enacted will deal with the predictable schedules and unfair low income workers for the better part of year they challenged a schedule for the business community to address this topic because we

were dealing with formula retail establishment we had members from the chamber involved walgreens and target and some who are here the employment law center and next generation those those discussions we learned how unpredictable schedules and practices threaten the security and create work challenges around childcare and underlined the worker health and well-being and the best practices from local employers like costco and others who figured out how to manage the predictable schedules and the bottom line will providing predictable schedules for their employees the biggest chance stores n and intral international corporation are

the formula retail stores that can provide more predictable schedules with just in time schedule technology that auto generated schedule bans the customer flow projects we see the ordinance will preto formula retail employers eric mar mentioned and do for things require the formula retail employers to post a schedule 14 days in advance and it will try to discourage the erratic scheduling cancel shuns they will have to pay one hour of pay

for the last schedule day or two to four hours of pay if changes within the twenty-four hours this is similar to a pay required by the state it also seeks to discourage the use of on call practices or the use of unnecessary on and on call shifts to provide unpredictable pay for shifts that a that are cancels at the last minute and provided equal wages and time off as the supervisor mentioned this is not intended to impact small businesses and was targeted to large national and international corporations that are established within our city i'm happy to answer any questions. >> does that help with our

questions. >> well, the definition hadn't changed correct. >> that's correct and any other questions before we hear from public comment. >> okay opening it up for public comment for items 4 and 5 and director you have cards there? >> all right. so i will read out and then if i don't have a speaker card for you please line up and state our name (calling names). >> welcome. >> so your first and you have 3 minutes. >> thank you, commissioners i get to be first and get torn

down arrested i represent the alliance and and the executive director of the california book association i want to start by saying i'm a little bit i find it there's a part of me that thinks you know, i look at the list of what they want to do this is what locally owned businesses have done effort full-time employment inform create opportunities is how we compete in the marketplace so the thought we'll make it harder for employees to sty on the job is not the way small businesses operate extensively i want to say as much as anything there are clearly specification in this both of those pieces of legislation that needs to be accounted i have just wanted you

to know i've been very impressed and gratified that the people involved that this go legislation have real engaged people lake like sf organized and have come and asked us about the concerns obviously that the geared to formula retail and large formula retail but at minimum wage that will eventually trickle down to independent businesses people have been involving us and talking does that make sense there are businesses i all know someone gets sick you have to call someone up there needs to be flexibility one of the differences e difference and certainly with independent businesses the work place

environment employees want to come in and help out this legislation is addressing that latter piece of this is an important definition so i really wanted to impress our overall support for the intent of the legislation recognizing specific details that don't makes sense and needs to be worked out but they've been interested in getting that feedback and working it out i want to say something that is against all this we actually some of us in sf loma building the 20 limit employees is too high a lot of formula retail businesses franchises or not walk down fillmore street and they have fewer than 20 employees and what

thiser their gambling in many of the policies it is not going to fight but this is something that should be looked at that number maybe higher if you're trying to capture people that are abusing their workers thanks. >> i want to to the audience i'm having difficulty with the timer control to notify you at the podium so if i go like this you have thirty seconds left. >> thank you. next speaker. please. >> good evening. i'm dee dee workingman in the chamber of commerce we would like to we need a little bit nor times on the legislation it's true that we worked early on kind of a i would say in a board sense with

president chiu and not been knifed to participate that supervisor mar on his legislation we're not opted to b this by there are a lot of details we would like to participate and think work on to make both pieces of legislation better pieces of legislation we think they should be consolidated into on prevention i want to bring up you may not be aware of the legislation that the board of supervisors passed or had its first reading on last week on formula retail the that defines formula retail redefines it they haven't had their second reading yet that didn't happen until next week so the definition of formula retail has not been settled by that legislation and it's no way we were grateful that the authorized of this particular legislation were willing to wait

until the other formula retail was settled before they took this up but they're taking this up this is premature the board of supervisors won't have a second reading on the formula retail legislation that defines formula retail until next week then the mayors has to sign it and a time to go into effect this is super ceded that the other formula retail there are new uses included in the formula retail that have never been considered formula retail before those folks don't know they're going to be considered and don't know what it means this legislation is going to impact their staffing and hiring and their retention of workers so our request and what we are asking you to advocate for we're give one more week a week to help work on this to work out some of the details on it

there are inconsistent ssi we're worked or in with the board of supervisors that were passed earlier this year on matter that were settled and legislation we ultimately supported the by an the box and the friendly family ordinance and the language in this legislation needs to be consistent with that legislation and it's not and there a lot of things that needs to be cleaned up we also would like to see we're concerned this is going to capture small businesses the intent not to capture franchises but if you own two franchises and subways and have 12 in one and others in another this will capture you, we think this needs to be 20 locations we think that there needs to be changes so this captures the larger

businesses not only the ones. >> thank you very >> thank you. next speaker, please. >> next speaker (calling names). >> i've found the control so i'm going to use it now. >> good evening. i'm a researcher with the family coalition i want to address some of the questions and comments first of all, there is no such thing as a subway location that the employees less than 20 employees in a single location and, in fact, the report on the formula retail establishments we know that less than 5 percent of formula retail has less than 20 locations nationwide the vast majority have over one thousand locations over the country and employees hearsay of employees, in fact, the formula retail definition it pertaining to

percent it is actually not effecting the majority of the discussion we're having today and your combrergs impression about the franchise that has less than employing less than 20 people in one location if you look at the report those franchises are the ones that are excluded are the civil service and the gas stations that employ less than 20 in a location and the majority of the sectors have 20 or more employees in a single location in the city that's the average you have some cvs that has 50 and save ways but really not the case of franchises that has less than 20 in a single location. >> how many franchises do you

count i or two locations what be able. >> that was a concern i left that out the employee threshold. >> the legislation captures that 5 percent. >> the legislation does with the 20 employee threshold excluding the 7-eleven by when businesses are going to be left out if we'reth for the small businesses that don't have the employees. >> well, there goes any public speaking time. >> you have two minutes. >> okay. thank you i want to raise your attention to the data about the workforce in 2006 before the recession hit the

number of workers in california has troiptd this is not a california issue but a national issue in san francisco almost a quarter of our employees are 25 percent and it's at an at risk city where scheduling is per valve across the cat and 2/3rd's of food service and half of the restaurant get their schedules less than a week and half and they have fluctuation and working parents are hit the head it they'll e they'll not know how much they'll work and president chiu we've heard from many businesses in san francisco big and small that shows you the scheduling practices do exist those employees have one or two

locations in the city and show us that's possible to thrive and support of the workers and the families formula retail businesses if particular are the best positions to adapt the standards we've laid out in the bills the majority p have over 5 hundred positions and less than 5 percent have less than 20 locations so employers that suffer need the flexibility but for a long time the workers have shoulder accident responsibility so i urge you to consider the workers bill of rights and the economic security of our workers in the city. >> thank you. >> thank you. next speaker, please. >> hi good evening. i'm

samantha we're a bio racial organizations located in the tenderloin and we deal with immigrant workers this immigrant workers bill of rights effect the people a lot of our members are struggling paycheck to paycheck that will help them out a lot of them are working two apartment jobs and going to school and their hours at the part time jobs fluctuate so some days working less hours and other weeks it fluctuates so it makes it difficult for them to budget and figure out how much money so it effects rent and food and transportation those are all things if we had the opportunity to get a full-time job it will make their income a

lot more stable than juggling two part time jobs and another thing is the scheduling for the bill of rights a lot of our members are parent or raising children and this will help them with childcare and the members that are going to school it will help them in terms of studying and being able to figure out what midterms and finals coming up how to figure out their timing when they can study and go to work so that two weeks notice will help them out a lot of the folks get their schedule on sunday to for a lot of them it is hard to come to the meetings i don't know if i'm going to work i won't know until sunday and another thing the on call scheduling people have to

set aside one day per week that's considered on call so it goes into effecting their income some days they get called in and that will effect their pay it is hard during the one call day to figure out if they can go out with friends and dinner or hang out with their parents it effects their day to day and week to week so i urge you to support of the workers bill of rights it will help them and thank you for your time. >> thank you. >> thank you. next speaker, please. >> good evening, commissioners my name is a gordon the director of jobs of justice i'm here to speak in support of the two ordinances which combined the workers bill of rights and

campaigned supervisor mar and supervisor chiu for they're fair policies it is a combrourg policy in san francisco that will become the first place in the city to protective late fair schedules for workers who very much need these and jobs of justice is a workers right organization so for all the reasons all the speakers should spoken we've been involved in helping to create and advocate for the whole range of difficult progressive policies here in san francisco from minimum wage to the sick pay leaf and other issues with the small business community and we certainly understand the concerns of small business when alleged you know mandates are