>> we're going live my monitor yes i'm not able to see the will i be able it is the video screen on the secret monitor when we go live i see the with the microphone savings accounts r

settinging eave clocked yeah. i've logged us all in. >> okayeave clocked yeah. i've us all in. >> okay. >> all right. >> live from city hall it is the weekly installment small business commission. >> you're having fun, huh? >> i love this i secretly want to be a dj in college. >> we'll be spinning you're

favorites this afternoon first, we have business to take care of what's going down there. >> yes. >> okay i - thank you. >> i've been trying to get the recording started i as you may know how to get (inaudible) nothing okay. thank you. >> all right. so this is the now the small business

commission meeting it is monday, november 23, 2015, and the start time is 211 i'd like to thank sophisticated for recording and making our meetings possible to the broader public audience item number one is call to order roll call. >> yes. please. commissioner adams commissioner dooley commissioner dwight commissioner ortiz-cartagena commissioner yee-riley commissioner tour-sarkissian mr. vice president we have quorum all right. on item 2. >> for item 2 today, we're going to have a recognition for the commissioner white to the small business commission but she has injured home share and

not able to attend we'll continue that to the next meeting. >> sound like goods good general public comment to comment on matters within the suggested items for the commission future consideration. >> any members of the public that would like to comment on anything not on today is agenda if so come on up seeing none, public comment is closed. >> item for a presentation and discussion on the paid sick leave policy if you recall in july or august the commission heard reviewed the two various sick leave policies with the local law and the state law and the commission put forward a letter to the office of labor standards and enforcement so what we have today a presentation by ellen of the

office of standards and labor enforcement i really want to actually commend the office of labor standards enforcement to addressing the complexities after we submitted the letter to the office of labor and standards enforcement a meeting and realized there were more issues of concern to look at in terms of the over lay of the two laws so they really expect a great deal of time really diving into the consideration in terms of our niece and concerns for the small businesses and i think have come out with a very thoughtful and well considered list of frequently asked questions so i want to expend any preparation to the office of labor and standard enforcement

for the effort. >> thank you thanks regina for that introduction i'm ellen love the senior administrative person from the office of labor standard and enforcement i need a moment for the mike and share i'm here with another colleague that will correct me if i make mistakes and the residents technological genius for technical problems so, yeah thank you regina for bringing this issue to your attention we had sort provided general notice to the businesses in state law july 1st but yourself concern and questions prompted us to go back to the state so ask questions and get

clarifies and legal guidance on the specific requirements of the state law it is working now. >> thanks so - yeah, so we got some additional input and taken a lot of time and effort to look at what it means for small businesses to try a comply with both laws to give you a little bit of background - the policy context is that san francisco voters passed the nation's first paid sick leave law in 2006 naerlg a decade ago a successful policy studies have shown a couple of years after the law

passed the bmw's supported it and a model for the nation so since san francisco passed that first sick leave policy in 200620 cities and counties and four states and washington, d.c. have passed the laws in the last few years almost entirely so san francisco is a leader in this policy arena what has created complexity that california passed the sick leave policy in 2014 the california healthy workplace and family act took effect on july of this year 2015 and while san francisco was the leader when california got around to the law as their usual many cooks in the kitchen and many details that got added in and it the legislation that come

out of the stat legislator differences from the local law so the basic come compliance framework the general we're looking for small businesses and all businesses in san francisco is that the state law didn't super succeed the local law san francisco employers must comply with both laws and the local law the san francisco sick leave is important captains i have and other areas the state law is for substantial so the employers have to comply with the more xavens version today walk you through so you understand where san francisco businesses have to comply and what the issues and complex that

are a bunch bear with me as i walk through i'll start with the permitted uses of the paid sick leave and the first thing i want to say the similarities in both laws you can use it for a wide range for you're own medical needs when our circumstance sick or a doctor's appoints and use it for the family members that is broadly defined with legal guardians. >> siblings and grandparents and grandchildren this includes botanical adopted and foster care for the relation and the difference between the two laws regarding how you can use the paid sick leave law and for whom under the local law the

san francisco paid sick leave ordinance there is a category of the designated person you can pick someone anyone in the world who use the sick leave maybe my nephew but is not on the list of people that can use the sick leave state law didn't have this provision this case because the san francisco is more generous the employees have to follow the san francisco law the state law allows employees who suffer from or victims of domestic violence or stalking to use that that calls it out for sick leave and san francisco law didn't have any specific so that is an area with the state law is more substantive the state law also says you can

use paid sick law for on apprentices to the law that when i have someone i can use my sick leave to care for them when they're sick and similarly the state law also allows you to take paid sick leave for the in-laws or the domestic partner not included that the local law so the state law applies that is sort of a starting place to see where the details one law is are captain active and the category applies now i'm going to get into how businesses provide and circulate the paid sick leave to the employees i'll say this the most trick it parts of comparing the laws their just different they

didn't mesh yeah, i'll walk through so you can understand to see what we're doing as an enforcement agency so under this san francisco local law the accrual and use the employees accrue one hour of sick leave for thirty hours of worked that is just a standing approval rate and again, arouse after 90 days of work and so under the san francisco law and the caps on accrual there is a 40 hour for employers with fortune 10 employees and 72 for all other employers and the key points about that the caps are not annual caps not the amount of sick leave in a

year but a floating cap and employees can use any sick leave approved i learned or learn visually so i tried to map this out as you can see hopefully to visualize this is a chart of so which hours are orchid on the bottom and paid sick leave accrued of the vertical act sister for the chunk of time a new employee the example a new employee at a small business with fewer than 10 employees the accrual is 40 hours that's the relevant number because this is a new employee for the first 90 calendars days they don't accrue and start to accrue at one hour of sick leave for every thirty

hours of work and what they hit the 40 hour cap it levels off they keep the 40 hours accrued for a while and in this example i show their child is sick they take. i think the day of 8 hours of paid sick leave the amount is dropped and starts to accrues that is meant by a floating cap it is not an amount in the year it is as soon as possible you use it it gets back up to the cap the other thing i want to point out there is you can't see on the screen a gray line at 200080 hours that is one year you don't zero out at the end of the year it accrues

that is the san francisco law i have another little chart for the i'll put up for a moment for a large business with 10 or more employees for them the privilege is the stage but the cap is 72 hours so you accrues up to 72 hours and an example i put up there the employee never gets up to 72 hours they use that will brown they get to the cap and immediately starts to cap again do you have any questions does make sense okay. great. >> thanks. >> okay. before i get into the state law i want to like put like an asterick above any head i'm not an expert in the law the standard enforcement law if you have delayed questions i would

refer you to them but i'll give the overview and in the q's relief published in the state law the employers choose from methods for the sick leave there are at least two different types of accrual different ways it accrues and up front the employees get a chunk of sick leave and use it during the yearly i'll talk about two of these i'll talk about the first accrual method under the state so unlike the local law the employees get sick leave on day one the day they start employment the one hour for thirty hours of work and accrues up to a 48 hours cap but there's

a difference between accrual and usage; right? so while you'll accrue on day one only use the sick leave on and on offering 90 days and is employer can limit our use of sick leave a year to twenty-four hours so again, i've tried to put 2, 3, 4 this in fwrafk form it is look at easier yeah, i'll stick to the first accrual under the state law so you see the employees begins accruing right at the beginning of employment starting at hour zero no waiting are period this is a new employee i'll assume 0 someone that is working full-time and it dpeefrnt the size of the business under the destroying i state law no carve out for small businesses or

larger businesses one system so the employee begins accruing and then in this example i mean, i'll show the 3 a sick days and then accruing but the context it in the state law the employer can limited their use for 3 days arrest and for the rest of year they can't use anywhere and at the end of this year showing with the gray line the 2080 hours they'll begin to use it and i've shown the usage to make the motto a medical appoint after the start of second year that's the accrual under state law any questions. >> yeah. so if we take the san francisco

ordinance as to the other than the floating component of it >> huh? the state law seems to be more favorable to the and - the accrual about the limitation of the 3 days >> yeah. >> under state law it seems to me that the employer has to comply with state law as to the first point that you raised in our - as to the capping and the floating has to comply with the city ordinance is that your understanding. >> that's correct i'll speak speak to another one yeah. which is another option which didn't require the accrual at all so that one is - i'll

show you >> you agree. >> you agree. >> we can collapse the two in equal of years in the city and county of san francisco and the state law is more favorable with the exception of the floating issue that you raised will that will a favorable more favorable treatment for employees? >> i think the limitation on the number of dazed taken is very sixth one. >> of the ordinance you agree with that so the ordinance is more favorable the city is more favorable. >> correct. >> yet the rest as to state law as stated as provided in state law is more favorable. >> that's correct let's looking at the method and get both it a little bit more you're on the right track the accrual is more favorable for the small businesses with the exception of

the limitation on the 3 days and is floating gap. >> that's met at the end of the presentation as to how to do it. >> we're getting there yeah, so the state law has the second method this is the one we've gotten the most questions the up front method and what we're calling the up front method they don't call is that technically not an accrual system it is a lump sum given to the employee of the sick leave at the beginning of the year the employer provides 24 hours or 3 days up front at the beginning of year with no carry over to the next year required by a twenty-four hours then at the given of the next year this is what it looks like in any graphic form thank you for

bearing with me with my hostile algebra so the twenty-four hours is provided up front at again, this is for a new employee and the soomgs this period of time is working full-time at the start twenty-four hours and spend it down this example the individual uses two days and uses a little bit more towards the end of the year and 6 hours of paid sick leave at the end of the year and then the employer just gives them the difference between the sick leave and the twenty-four hours to bump them up to the twenty-four hours for the beginning of the next year and state law allows you to

define that is what we've heard about the up front method a lot of businesses have asked how to combine the city's law with the up front method that is what i've taken a stab at trying to describe and combine. >> well, the benefit if you have to pay outs unissued sick leave if someone leaves our company you're cap the maximum pay out to the maximum you can use; right? it this didn't allow you to productive over the maximum none can quit and have more than the maximum you can use in the accrual you'll awe country more than you can use and technically pay out the accrual if someone quits that allows to you pay is

forward i'm giving it now use it or re-up you new year and no exposure more than a full year with but my calculation is large. >> commissioners it is only time off for vacation you're required to pay out. >> you don't have to pay out sick leave no benefit other than i mean probable simpler for the up fronts. >> for cities not would sink detergent but in san francisco. >> it's mute because the san francisco law preys. >> yeah. he read this. >> is that you're understanding? >> yeah. from what i've heard from business inquires many

businesses outside of san francisco are thought the up front method to be simpler. >> not in san francisco. >> not necessarily in san francisco but we have gotten very specific. >> yes. if the chamber of commerce and from this commission about the how the up front method fits with the san francisco paid sick leave law i tried to take a stab of what that looks like any more questions about the state law before we go on. >> that i can answer. >> okay. let's act a look at how they fit together. >> and have more of a discussion so the paid sick leave accrual and the state up front method together here i'll fix that our office if that we

realized last week to treat any amount provided up front as an advance on what you accrue on the local law you can provide twenty-four hours but then at some point the employee will have more twenty-four hours under the local law you can have them accruing at this point. >> the accrual will catch up with you. >> yes. that's what that looks like in the graph and this is i started with a simple example the employee didn't use any it is simple the doted red line shows what that employee has in there is california sick leave and it catches up and starts awe cu. >> this is the credit. >> exactly.

>> for the you're stuck with the accrual and make an early advance and not a cap. >> that's correct. >> what i saw attorneys said the benefits they get to accrue from day one that is really besides the provisions of why you can use it, it is all schematics of the infrastructure that's all - >> okay. >> state method one. >> no, i don't have that i can go back and do that i looked at the up front because of specific questions regarding that method but i couldn't - and . >> if i may take a moment to interject for employers with under 10 employees there was a question about the up front method but the state having the 48 hours accrual in san

francisco there is a 40 hour accrual for employers under 10 i think the question came up about for employers with the up front method then as a means of complying with the state as opposed to the accrual then how will that overlay with the san francisco paid sick law for businesses over 10 employees because the the accrual is 48 hours our accrual is 72 hours that question is less of a question for businesses over 10 employees does make sense just to jog our memory it was sort of a question after is 8 hour accrual. >> the 8 hour vetted is for

relevant for small businesses than businesses over 10 employees that may make sense maybe for smaller businesses but not for ours. >> you can put method one overlay you'll have to follow the curve that is most favorable to the employee and give the times and then the employer has just a little bit of - the state method is more favorable from the get go then until they merger so this is really an administrative matter i'm going to go with the all in on the beginning not worry about the accrual and know i have to starts accruing i have to catch with the curve and unless i want to you know keep it below the

immediate but the curves simultaneous shows you at the start start at the state and ultimately merger with the city so, yeah. >> you have to accrue with the same overlay and make up the 16 hours difference. >> so graphically the best way to explain. >> yeah. the graph. >> a that's right about the state i know put the curves together the one thing i'll add you have to have the cap floating and role it over for the next year that is required by the san francisco law but the state accrual line that works. >> the city trumpings the state salon they merger the cap

and is resouth is mute it is blow the line our requirements yeah. >> that make sense and just one last example if that hazmat with the up front method that shows what happens if someone uses the paid sick leave before the end of the year they drop down i put this example to show that they start accruing immediately again from where there are when they got sick and used the paid sick leave if you're using that state up front at the beginning of the second year you'll have to bump them up to the twenty-four hours. >> it will take them longer to catch up. >> yeah. >> but if you're using accrual you'll be on the city's curve at

that very point there that doted line if you're on the state method one you're on the city doted line if you're on the state two it is up front bump and he guess you have to make that an election pubically this is our policy. >> that's a good question i don't know. >> can you change that on an annual basis. >> this is probably not relevant but and it is probably advised no mistreatment of employees. >> of course >> like to sum up frankly this is a question that comes up why would san francisco business let's take the small business more than 10 take the up front method why would first why would the business be required to do so

and to what extent i mean tell you a little bit the - how do you fit in the up front method just to clarify. >> yeah. it's a good question my understanding is for a small business with fortune 10 employees employers didn't want to go up to the twenty-four hour cap but prefer to stay at the 40 hour cap with the local ordinance so if you use the up front method you never have to go up to the 48 hours cap under their approval method. >> so the up front method could limit potentially the employees employers quote/unquote exposure. >> by 8 hours for those businesses with fewer than 10

employees. >> it is no advantage for businesses over 10 employees; is that right. >> when can you start using our sick leave. >> under state law after 90 days under san francisco law you can use it soon you begin accruing it. >> this is a exactly where why you don't use the up front someone gets hiring on day let's see on day one they say oh, i'm sick i'm sorry and quit and get paid for the whole week. >> that's immediately. >> if you elected to do the up front i'll caution a san francisco employer if someone were going around doing that don't do it.

>> up front method didn't work if you have more than 10 employees. >> did i misunderstand. >> yeah. >> it provides it is - a loophole where anyone can severelyly go around and take 3 days of pay for being sick - >> yeah. we're looking at the provision you can't use sick law until 90 days i don't know if this applies up front. >> yeah. but in san francisco you can use it immediately so - >> as soon as it is accrued so 90 days i bid you an up front accrual that first chunk of hours now it is there for the taking. >> that is cynical. >> in san francisco immediately. >> it is starting in 90 days.

>> san francisco you can use it immediately. >> as soon as under san francisco by the way, alu but a good question. >> i don't think that our office will enforce it like require the employer to provide it before 90 days. >> as a employer the stated policy we don't use the accrual method we'll did you have an immediate chunk up front and get you up to the enter section you could august given an varmint and that's yours for the taking under san francisco law which says i can use what i've accrued at any given time i've stated i'm giving you you've accrued on day zero the first amount of sick leave none says what the

accrual rate is the rates under that plan you've accrued x number of hours for immediate accrual, if you will. >> so this interject this will only benefit other counsels for other liability not just to accrue as you go you want that on you're books i think for the 8 hour gap you'll still have - people could not do it small business you'll have to put that on you're book. >> the question about the up front method let's stick to the smaller we have pretty much said this is good for the smaller businesses would you say that the up front method in the meantime, the up front method you provide that to our employee

when the employee is supposed to accrue sick leave that's 90 days after employment let's say i get the new employee i'm - i'm a small business and i you know apply or adopt the up front method for a policy when should i make that available the up front available to the employee is that the date of hiring or 90 days after is accrual stops? >> by definition the first day of employment and remember the only reason that you do it under state you'll get a benefit that benefit is not permitted to a san francisco employer over law trumps that it says oh, well so what about that cap you get on a

different curve the time it enter seconds it your san francisco law so other benefit of the up front cap is no use to you later on no benefit as far as i, tell for any business the up front method in san francisco maybe in other county but not in san francisco. >> that was sort of not a part of our discussion i think you know larger so i wonder if i went i don't think you know that may come up with a cue e.r. get a legal determination from the city attorney in terms of here on behalf of the appellant. >> it seems to me i don't think we will enforce something before 90 days but you're raising i mean, if you have a policy in

you're entrepreneurial policy. >> whether you'll enforce it is list the law prevails some lawyer will take you to court you're choosing to enforce it didn't mean if so not the law if i read this properly the law as a san francisco business you have to awe crisis sometime so you have to learn to accrue. >> there's a variance of hours so 8 hours of accrual boutiquely under 10 employees you get 8 hours to comply with the states so there isn't. >> so - >> that i agree but. >> right all right. you duck underneath the 48 hours. >> that puts it on the books a

slight advantage we get. >> i get it. >> we need to know for sure that is a good points and a perfect example. >> so i'll get clarification on that. >> nice knowing you. >> this is very good but kind of i agree with an excellence. >> taking it to the next level and i like the graphs. >> me, too. >> as much as i hated them in school i like them now. >> hard to explain. >> so, yeah, there are a few things i want to end with detests about the accrual so under the paid sick leave ordinance the state law requires that you provide employees with information about how much sick leave with each statement on their pay stub or some other

manner. >> good luck. >> they have to be aware you how much is available the sick leave didn't have that in it; however, we would say if you're only providing employees with information about how much they have in state law but not san francisco law like we would think that would be confusing and potential misleading so you'll inform them about the total amount each law has a notice you post it for the employees benefits there are posters we got agreement with the state agency we'll publish it and that is by both laws i'm happy about. >> photograph the wall about

the posters. >> imagine how you sort this out if you're an employee. >> it is like an advanced race. >> (laughter) and one other minor detail it is different rehired employees the state law requires that you rehire someone within one year they retain they're sick leave balance when they left the company the san francisco law didn't have this requirements but the state law trumps it the recordkeeping ordinance before you the state law has 3 years and there are a couple of things that differences i didn't include that havd with the other things on the table that seems like they are not be particular about it you have questions please ask me. >> i want to ask about the

minimum increments how do you manage that. >> yeah. the san francisco law says you can take one hour of sick leave one hour i'm going to the doctor's office to or warehouse they're not required to tell you what is it for but, yeah you have to provide them with an hour increment for stating has to be two hour blocks. >> you ends up having time could be days and hours or 4 days and 6 hours left over. >> yeah. month businesses have total hours. >> yeah. a whole program that

does it so when an employee wants to take you know an hour or two hours off it does it by the hour and it is broke down. >> usually by the hour. >> yeah. >> and i think i have one question and this didn't mean that all small businesses under cb a everything is veftsd equipment for a new hire mid year of the vesting year not all the benefits not an approval per the cb a then under the cb a did it trump all of these. >> under the san francisco law the cb a parties to it may include in the cb a an explicit an urban ambitions waiver of ordinance but right now the da wave for sick leave ordinance in

under the state law there is a few different provisions that apply to cb a-1 set of provision that apply to cb a in the construction industry and another set to other cb a i'll be happy to to provide for detail i don't have it. >> so you were right if you're a small business in san francisco you choose the up front is saves you will hours a year. >> yep. >> there is no limit on the san francisco side to what you can use every year if you take the up front you'll go to 40 per san francisco's owners and state trumps san francisco is 48 and san francisco trumps estate you can the state says 24 but you are accruing 10 or less

employees you want to choose up front it caps you're liability at 40 hours of sick leave instead of 48. >> yeah. >> i don't know we think like this. >> what is you're comment i didn't hear. >> i was yeah, so small businesses thinks you might elect this because you save 8 hours 49 instead of 40 but the small business put this on the liability up front on the books it might not be 100 percent but you pointed out no where's the enforcement like what's the law the law cheat.

>> that maybe the law the one thing to reiterate is that while we san francisco has the 40 hour accrual per year it is a rolling accrual 0 so if an individual's draws down on that and they're not at the end of their year period they can start accruing again so we need to be mindful how we make sure question talk about it. >> so i'll say if you believe that you're hiring people people are joining you're company in good faith and work for you a period of times and less than 10 employees the recommendation you should offer the up front as we call the up front plan because that will save you potentially 8

hours of sick leave per year i guess then it also depends on what you're offering as vacation time and were you offer the combined just basically a p t o a lump of vacation and you're 48 hours is added into our total thing is i don't if you're loud. >> vacation time is one thing and it has to be separate. >> and then for small businesses they have to have a policy and they can't say - so in terms of a uniform policy and i applicable to all employees. >> you say we'll do a combined plan you're total hours are permitted in terms of sick leave we're give you a vacation times

and be sure you take you're sick leave every year and a personal sick day call it whatever you want and take it, it's yours. >> i'm trying to figure out approximately strategies for small businesses i mean, you don't have to over vacation times most of us do otherwise we're not expect active and the small businesses if the coincidence up front they'll cut down potentially the 8 hours then maybe the way to go in my opinion it should be separately in the policy from the vacation times which is not riders by law is it should be clear and it should apply to all

employees. >> of course you know apply it to good faith you know kind of selecting is that you're understanding. >> you can division vacation time. >> yeah. yeah, it is do you believe that here on behalf of the appellant. >> paid sick leave applies to all employees. >> i there are some details about p t o in the state law i'm not familiar with there's a grandfathering provision for employees with p t o policies. >> this is a transition plan. >> yeah. so if this is something the commission is interested in i'll be happy to to provide that but i don't. >> if i may it is quite complicated to every member of

this commission i i am an attorney and have a hard time fourth this but small businesses are struggling their exposed to this uncertainty i'll wondering to take those two piece of legislation city and give a kind of 1, 2, 3 for small businesses and a few in the city and those above that you've done a wonderful job it is quite a bit of work. >> we've gotten a lot of input. >> but put a lot of time. >> we've gotten guidance from other offices. >> the graphs are good. >> the work is such an improvement if we can hire at least give a sum up of the difference this is what you can do and a comply with city and

state you have to give the best of what the law provides under state law and sick leave law in the city of san francisco so is there a way a place where small businesses q can get that information this is the bottom applying coverage should we be able to provide that. >> on our portal this is information on our portal. >> i think one thing that was made you know that i when we first met with the folks after we drafted the letter and correct me if i am wrong on this. >> but all the purview is about interpreting the local laws; right? and providing information as to the intersection but i think many

say not have their purview and sort of within their realm of kind of what the department is charged to provide specific operational recommendations; right? what we're looking at for to get the information out and clearly it is possible and the purview of which if an employee says i don't think i'm receiving any paid sick leave and it is going in and taking into account what did business is doing and how their applying the law what is the lens they'll be looking at to meet this you know the local labor requirements. >> yeah. i think wear i think this is important we go through a process of getting the details

and figuring out what options and the presentations but off of small business wanted to provide some suggestions i think at this point >> as far i can tell it is not ambiguous but conflicts there is the overlay is a complicated off lay if you're you know at first glance so providing the grassroots were helpful and the table is helpful i think that that when you figure out that not ambiguous it is objective but there are a lot of criteria's to be in the identifiable analysis then make recommendations to small business and those two sizes and there might be a reason not to do is one way basically two

entry that is for small businesses and two entry points for both i think we could because we're business owners come up with those policy recommendations, if you will, not just recommendations but if you go down this path basically 4 paths i think so this allows this give us the framework to say hey, nothing ambiguous this is all the quantify things you have to be observed and just figure out at any juncture where you are. >> every time you make a choice you have to pick the most favorable provisions in state law or local so we can have four tables you do this and the state law says this and local law says this pick the best the most favorable provisions or terms for the

employees i think that i agree it is not the implementation is context you have to take into consideration there are cigarette for the this this law. >> i think there an absence not written yet (laughter) commission commissioner yee-riley i have a question how does san francisco calory to other cities other cities do very e they have the local law as well as have to comply to state law a. >> there are few cities in california that have a handful of laws i believe berkley no yes, ma'amyville and oakland and maybe more but i mean san francisco is the first thing that had a local law and few that have a local law many have on the state law and

other cities i know of have memorial day san francisco's language but the same issue as well. >> is there any chance we go with the state law and not the local law? >> i haven't heard any proposals to that effect. >> this was passed on a ballot measure. >> yeah. it is a ballot measure it has to go back to the voters. >> as and they that ain't going to happen. >> of we wanted to do the most simplicity pilot thing of lining up the years of recordkeeping that will have to go back before the voters so the one other additional thing we can work with the city attorney and also

i think what we should do is also work with our s p d.c. each business will be different and business owner is different in terms of their understanding and being able to take this information additional but we'll work with the small business developments center to you make sure that the consultants that deal with h.r. really understand the complexity of this and you know prepared to really work with the business and how to best- what best fits them in dealing with the compliance. >> once you choose ab you've at the time set you're paths from there on it is substantive no ambiguity you have to choose up front that's a recommendation to a small business a set of policies and document it and apply it to all employees once

you set that policy and the accrual method you've put yourself on a path that is independence is complicated by defined so the task at hand to begin it by which you determine what the employee has a right to and what going to and you could write an app that establishes that and maybe one the guys that gives the presentation to do apps. >> yeah. >> or sf city or one of their people that is - there's an app that results from this. >> (laughter). okay >> i wanted to finish by putting up the resources hotline

and public hotline and e-mail and website that has specific information on compliance for employer comes to us would that comply we will have people available that are will pick up the phone and talk to people and say this complies or not but provide recommendations on you're own business. >> right if you have - because this could be put you could put when did our employee starts how long have they been here what plan are you on step one or the accrual when did they take time off and the time of duration those these things the employee curve and is obligation curve what falls out of that so that is mathematical. >> we shouldn't forgot the city

floating there's a understated difference we have to - >> right that's the floating is stop; right? so that is a rule a logic rule and this is what computers do they office that everything it seems to me ruling it is complicated so it is best put into some kind of an outward app otherwise you have to do it on paper (laughter). >> when the stairwell come up with the new legislation did they - work with you the city so we can be. >> no, we didn't hear from them. >> what you were asking where they are evil or just unaware (laughter)

i think that makes sense wear the only city that has a local law for them to come up with a state law they should look at the local law. >> we i mean as also common is leader takes a leadership position a by they're the out liar before i existence they set out in front of the thing since none live else is do doing the the second one gets to start and have their own law if you are a county you have you're own law but the state and trump as long as you set even though that people are scramming that's why month counties wait to see what san francisco our sentences do and wait to see how the city responds and sets their policies

that's why 340 people follow us from marriage rights to marijuana policies the first one in has to figure out all the stuff that none thought of; right? here we are we can't go back we put to the voters not in chambers we want to anytime misses the things not to the voters we can't can change the law over the board of supervisors who wrote the law was the board of supervisors but once the people have the voting is harder to do; right? >> thank you, commissioner. >> thank you that was very educational thanks. >> thanks. >> we need to open up for public comment and before we close. >> is there anyone out there who would like to comment on this public comment on this?

>> everyone in a coma. >> all right. seeing none, move on public comment is closed. and next item. >> all right. we're moving on to item 5 which is the presentation discussion on the implementation of the family-friendly we have a policy person with the department is dependent on the status of women that's primary what you're presentation in the pauktsdz i have a copy felt brochure and form for the employer and the employee as well but if there's any nitty-gritty details of the policy that there would possible

be follow-up responses that we may need to get to you. >> good afternoon, everyone on behalf of the the departments an is status on women thank you, commissioners. >> thank you regina thank you for the opportunity as regina mentioned i'll talk about the family from him but the four are pour for the family friendly workshop i'm sure as you may know of the family-friendly workplace ordinance and i'm hopeful that the presentation would be phone call for the larger public that maybe attending this meeting. >> the presentation for the fair for the net of the family-friendly workplace a

knows process and then i'll move on to discuss the details for the ordinance the completion process and the resources and before i move on i have a request unlike elementary elena not able to multi task please escape our discussions to the ends i get off track so to begin with less look at what is haven the challenges that today's workplace faces if you're like many people and business owners and managers you're fagsdz with a daunting challenge of finding xhtdz people and reducing an telling them and increasing productive those champs are a product off the changes in the family and

workplace democrat graphics that san francisco and the united states has been witnessing for example, in 1975, 50 percent of families had a stay at home mom and the father was the breadwinner not the causation that number is a number of 5 and single-family households the women a make-up half the forces in 4 in 10 families most are the primary breadwinners and 6 percent of children have both parents working so with the social transformation at the core of over economy and families some employers and neighbor policies have yet to adapt to the changes and if they don't adapt it is not only an issue with how the family takes care of of its children but how the employers

and the workforce retains competitive and good employment's employees today expects their workplace to provide flexibility to care for their children as well as be productive in the workforce and in addition to children we all know there are additional care giving respondents one in 6 have a parent with disability 22 percent care and working many employees need to provide care for an aging sick relative in addition to caring for the children those numbers have shifted dramatically over the past decades and in addition to these demographic changes when you add the local competition

for the labor and is cost of living in the bay area that may have some of you're employees holdings two jobs executing across several counties and attend school to better themselves and today employees and employers are faced with new and significant challenges despite the challenges and the changes in the workforce democrat graphics a lot of employers have not adjusted and as a result, the flexibility stigma in our workforce when is that it means anyone that requests flexibility or be predictability in their swelling is diskrtdz or devalued in the workforce and women suffer the most even in 2015 the demands for pregnant and childbirth and

other things make that uncomfortable between work and life but mentally want flexibility to attend to their care and however men who seek flexibility are seen as less committed to their access according to h.r. men and women are likely to want the flexibility arranges and an increase in the request for work flexibility the support for human resources management the executive director manages know that is critical for managing talents and moma productivity the good news despite those challenges if

you're a business effectively addresses those challenges and just not see them as roadblocks the businesses are likely to be more professionalable and humane not research or something come from the department for several recent studies have been done on this particular issue so i want to move on to talk about the family-friendly workplace audit and the family-friendly workplace is a solution to the challenges we're seeing in the contemporary labor force if you want the way to create a family-friendly offer for the predictable work and flexible work schedule and in return get reduced an telling

them and better prosperity monk another benefits i want to present an example of a local business that most of us are well aware of the math has about 200 and 60 employees including the students and workers in tare 20s and 30s and other caregiver responsibilities they all came together and brainstormed the idea of scheduling flexibility and predictability in late 2014 and several of them didn't agree the brainstorming continues every month and in the ends they were on board and said okay. let's go ahead and see what happens this needs no information it is

successful and it remains popper in san francisco as a business that is in touch with adversities employees and as the director of human resources mentioned some of the ways to introduce the flexibility and predictability some of our employees only work a shift to attend to their family one coming in at 6:00 a.m. and a office staff works at home this is an example we are well aware of the arrangements but there is definitely a possibility of creating more discussion as to what the ordinance hopes to do so recognizing the benefits of the family-friendly workplace to the employers and employees the board of supervisors of the city and county of san francisco came together and vote for the family-friendly workplace in

january of 2014 and an ordinance aims to create a friendly environmentalist i believe the framework the employees can meet their workplace respondents and i want to take a minute to acknowledge it san francisco has a proud historical of small businesses and a lot of small businesses with, in fact, already welcomed to the employees and many small businesses have gone with their employees about the scheduling and other arrangements so for businesses having a process maybe an additional work we understand that's why the departments on the status of women and also the labor of enforcement is here to help we want to help businesses of any size starting with 20 or more and more employees to have a process that is simple to

implement for just that. >> let's look at deeper into the ordinance what it entails the family-friendly ordinance essentially is that is employees have the rights to request the predictable schedule for the caregiver duce the request and responses must be in writing and an employer grant or deny the request bans bona fide reasons the ordinance is about communication it is about openly doors and having conversation that are beneficial for both the employers and employees and just a little bit about who is covered in the ordinance the employers that are pled two or more staff that includes the public-private nonprofit that as

mentioned not include the states employees or federal employees in the city and county of san francisco and as for employees any employee it works in a business that employees 2 or more and the employee has to be working for 6 months and must be regularly working 6 hours a week within the premises of the city and county of san francisco and that is important to recognize that the ordinance applies to a business that maybe based of san francisco but has the employee working within is 71 so for example, an employee maybe in san mateo but the employee extends spends a significant in the amount of in the city so in summary the key features the employee is juggling a lot in life and has caregiver

responsibilities but faired of seeking unpredictable situations at work the ordinance wants to protect those employees from the discrimination and also prbdz the retaliation for asking for frequently and you think predictable scheduled before the core for open dialogue to create a safe space for open dialogue between employers and employees. >> absence more about what employees rights are and what the arrangements look like the employees have the right to request the language for the flexible and predictability arranges for any of the caregiver responsibilities with a child or children for whom

they have responsibilities or with a family member that is ill or with parents or in-laws 865 or above. >> what are the predictable and flexibility o flexible work proijsz is a definition from the ordinance it's a flexible work arrangements means a change in the employees skills and change of employment to assist an employee with the arrangements ross are a few of the arrangements and, of course, there are very different based on the business so the workers of telling commuting or alternating their schedule predictable local arrangements is a congressman in an employee's condition of employment that has scheduling

predictability to assist with their care responsibility and exemption for the providing shifts for two weeks in advance or 3 planned opposite for part-time work or consistent hours from week to week that is a huge issue for the food destroy like mcdonalds or even working a 3 day workweek. >> so the ordinance lays out a protocol in terms of how a business can be able an employee to ask for predictability or flexibility and then how to move ahead with the process to the employee requests the protocol simple is requesting the changes in the hours or work location or having more predictable work

schedule and in order to help with that protocol the department of the status of women has created a sample form it is available on family-friendly sf.org and those forms are in anybody can download them to meet the requirements of their respectable business so an employer requests more predictability or flexibility and an employee has a meeting with the employer has a meeting with the employer and then the employer may decide bans the fact he or she wants to accept or deny or deny the request of the employee and for that process of accepting or denying as well the employer may use the employee

response form and examples on the website and downloadable and customize ability so it is simple in an employer grants the request off an employee for a specific arrangement he or she has a document what the arrangement will look like and move forward with the arrangement, however, if the employer denies the request then the employer has to provide bona fide business reasons for don the request and some of the reasons may include identifiable costs productivity lost or rehiring costs or transferring employees other bona fides is the detrimental impact 0 on meeting or denying to meet the full schedule.

>> so with what happens in the employer denies well, the employee has a right for to submit a request for reconsideration so and that request within thirty days of the employers denial and just to kind of sorry and just to kind of summarize this process this question process is a flow chart as you can see the usual rule one 21 days i'm an employee i want to flexibility in my work schedule and asked any employer to meet within 21 days it should take place and within 21 days face to face between is employer and employee the employer has to

provide a decision whether the request has been accepted or denied now in this the employer grants the request okay. but if not you'll go on to the other side avenue flow chart and the negotiate within thirty days prompted by the employee and then the employer is expected to respond within 21 days and the final decision so just want to share a few responses how to stop it and points to consider for businesses which have employees more than 20 first research predictable schedule if you don't have a predictable schedules for the employees look to set up one for some companies a two week schedules is good with predictability comes the ability to off flexibility over own

staff can help to design a way to be flexible or predictable and even have a discussion with them and second communication is key i think is ordinance is really trying to get to this and communicate the goals of the family-friendly workplace letting the employees to understand the willingness to run a successful business the ordinance wants to be sensitive that a business has its own limitation and has to run and thirds the develop, process to schedules for communicating the predictable or flexible scheduling and the ordinance is wants to help with that exact process i mentioned this is for profit that can help and next the scheduling applications to make things easy for example, search online for the employees

scheduling application plenty of choose many people have smart phones to implementing a schedule or texting updates explicit take much time and an example of that is neighborhood restaurant based in noah valley and employees about 35 employees and is owners says that did not have flexible or predictable schedules would essential drive her crazy she uses an online app and employees can put it in more predictability and things are smooth for example, one can take up if it happens way before time and not on the clock we have to

be aware that a lot of businesses the employees don't have smart phones how to deal with the schedule issues and here he take the example of owner of baldwin hotels how you know successful hotels within the city and the owner actually meets one-on-one with his employees and wants to know what they'll like to do with their schedule and sets up things so this is another example of how you do that and next you know like i mentioned reach out to the department on the status of women and to others to help to set the process to engage with the specialists and get the process right it will be easy that way, of course, to have the additional help so you're not doing all the work and keep the ordinance in place the bottom line don't struggle alone with the resources that are vertebral

for you and finally be recognized as a family-friendly with that, by downloading the logo and placing it on the job website rudimentary and manual and even as our business place the detail in this case and, of course, that applies to you if you're business with 20 or more employees so to end with here is a list of additional resources i want to remind the remote audience that pleases vitals the family friend of the family friendly place sf damn that has a bundle of information and intervention and the bureau has a lot on their website and the society of employment center and the office of labor standards and

enforcement the enforcement agency. >> we - i've been doing outreach since the ends of september we made some progress a lot needs to be done and regina is partnering with the department and helping us to escalate the awareness of the ordinance that will be coming up by december 11th in addition to the survey i'm looking for opportunities and i'm looking for suggestions from the commissioners here on how the outreach can be more successful thank you and he amnesty you to all ask questions and please vital us. >> thank you very much commissioners, any questions. >> two questions. >> is first one yucca consummation it is safety to the face to face is not considered

for the confirmation correct. >> time to jog my memory. >> you have a request and a face to face requirements and a response within 21 days my understanding that face to face is not riders for the ratio. >> so i'm looking at the ordinance here in section 12 b-6 it says if an employee synonyms a request for reconfiguration the employer must residence a meeting to take place within 21 days. >> so, in fact, for both then for the initial request and the reconsideration the employer has to arrange a face to face meeting. >> that's right. >> for both. >> that's right so the face to face is not the language in the ordinance so my belief is that an employer

and an employee may decide what that meeting may look like maybe a phone meeting. >> who dictates the type of meeting is going that a mutually agents method who imposes and anyway, that's the detail i wanted to point out there maybe a requirement for communication. >> the second issue if in fact, the employee requests denied a response written response and a request for a reconsideration and denied the after what are the remedies reliable available for the employees if any do this quickly. >> sure the ordinance is very much in favor the employer if they have a bona fide reason after a

request for reconsideration and a total railroad discretionary or consideration from the employees it unfair they approach the office of labor and enforcement and they speak to the employer but they find that the denials meets bona fide business reasons the employee may not- the employees denial request stands. >> and what are the penalties in in fact, it is found to be urban justified or unfounded there are penalties. >> yes. there are penalties and there are outlined in the ordinance a copy is available on the website but briefly the benefits is minute california about the dollars for the time lost off the employee not working and being in the final

denial. >> thank you. >> ellen did you want to provide - >> yeah. >> just on the enforcements of that piece they don't have the ability or authority to review whether it is bona fides we have the authority to view it but where the process has been followed all the steps and meetings within 21 days and providing the answer in writing and providing some business reason but we don't have the authority to review that business reason. >> you valid data the meeting is required for the consideration. >> you don't know. >> i don't remember that but,

yes. >> google that. >> thank you. >> any other questions commissioners i think we're done call for public comment comment? seeing none, public comment is closed. and this is is an ordinance passed by is board of supervisors not the voters >> correct. >> correct. >> that's right. >> i think then assemblyman david chiu was the legislative sponsor. >> thank you. >> well, thank you commissioners. >> thank you. >> all right. let's move on to the the next order of business. >> item number 6 the oh, the package of prop j to go along with the historical is legacy business history registry

so currently we have the application out for business for the mayor and is board of supervisors to make nominations you've seen the current application in that process and that process is still in place though with the passage of prop j we'll need to change the application the application and, of course, the application process changes because the applications will be route through the historic preservation commission prior to the commission review and final action. >> so in you're packet there is this particular form or documents kind of outlining key points that i and you will meeting needs to start working with so effective prop j there

is language that is in well i'll take one other moment - there is a document that says the initiative ordinance and outlines the details of the ordinance you received this document when the commission had the presentation from hillary outlining and explaining what prop j is details of what prop j is and is the commission was not able to take action this was about an action from that it states that if you will see on page 3 that - oh, let's see. >> i got this.

>> yeah. >> i don't have the full proposition this is easier to read thereon the proposition so it is my outlining and simplifying the details of ballot measure is states tilt it states that on or does state actually i think - i apologize it is in the ballot measure i didn't online this in any summarize. >> what are we getting at at on or about january 1st of 2016 as long as rules are making it does state in the ballot measure that businesses can apply as long as the application process is in place for the historic preservation fund not raefksz

january 1st is not happening so what i am proposing to starting january one we will can still modify the application and application process and that can start january one i would still need to work out the routing process and what's involved with the hpc to make sure that is reflected in the application instructions in the ballot measure is states the dimension needs to outline and create making approval procedures for the two different funds and that we no idea to have would this official public hearings with that and once the

commission finalize the rule making the board of supervisors has a thirty daytime period to respond you know make new comments or requests for changes. >> so this is - the timing is not hard and fast in the ballot measure i'm proposing that we have our rule making implemented by the ends of february and approved so we have the hearing in february 22nd that meeting in february to have the 20 days the thirty days excuse me for the brown so that we have at least the rule making and administrative process in place what is to be determined and i'm still working with the city attorney to understand sort of the allocation process to go

through for the funding it could be we might ask for - an appropriation of funding before the budget cycle we can start the program early he will or go for the appropriation of the funding of the preservation funds during the budget cycle this funding will be available come july one. >> are you talking about funding for administering this. >> that's the businesses. >> not on us is it on us to request the funding i thought that was the ordinance laid out available i don't - >> we have an obligation. >> we have an obligation we have an obligation. >> to ask them for money.

>> to ask them for money. >> we shouldn't spend a lot of times getting this what you're appropriately so we everything what people will be asking for i don't want to spends times speculating how many legacy businesses that might apply for xyz the city will wait and see what happened for all we know only a couple of applications it will be a waste of our time to speculate what the ask and as a matter of fact it shouldn't be on 80 us to quantify the board of supervisors put for the this if in their prepared to allocate money they can figure out the allocation and go back to the

bank i think that we spent an awful a lot of time on this legislation tying to figure out what is going to happen it is rift until we see the applications and i'll support the application process. >> absolutely i support. >> making the will amendments that needs to be made hey our process is in place you guys got money we're requesting you tells us we're obligated to. we'll start meeting and but - >> right i think the most important thing for us to all the process will be sort of development on when the board of supervisors is anxious to allocate that funding early i wanted to make sure we are prepared for the allocation the allocation is the maximum allocation is somewhat dictated by the number of is maximums

number of - the three hundred applications the commission hears a year. >> but the ordinance specifics the maximum ask for any does it not only a certain amount of money. >> about $3 million. >> no, no that's the total fund the given business is limited to how much they can ask for correct none can say i want all $3 million we don't have to think about that other than to say we have to say what our process is it is already defined how the applications are they will be vetted first, it sounds like if i got it right of historic preservation commission communities and they'll come to us we think simply say we'll evaluate every application from

the historic preservation commissions group and we'll do it as as quickly as possible as our resources allow we have to find we'll get additional resources we'll do it on the application. >> that can predicate our ability to say this is what the office of small businesses can preempt implement it is on you're staffing ability to implement and manage the program. >> if we got one application we vet that we'll need additional staffing but three hundred we'll go to the mayor's office wow. looked at what happened. >> i'll by the number of the volume of calls i've been receiving since the passage of prop k we should anticipate a