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tv   BOS Rules Committee  SFGTV  April 12, 2020 3:35pm-4:06pm PDT

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access additional weeks of paid leave, closing the major loophole in the federal legislation in making sure that in health emergencies, workers are able to take time off -- take the time off that they need for themselves and their families. when sick people have to choose between their livelihoods or incomes, we are all worse off. when parents have to choose between a paycheck or staying home with their kids whose school is closed, we're all worse off. san francisco led the nation when we adopted our paid sick leave ordinance in 2006. in this time of crisis, san francisco must lead again in supporting our workers. over the last two week, my office has worked with labor leaders and business stakeholders to strengthen this proposal. around today i'll be proposing a series of amendments for clarity and to ensure this measure is as inclusive and impactful as possible. i wanded to briefly go over what the ordinance is right now and summarize the key provision.
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first, what the ordinance does. it won't immediately give an additional two weeks of paid leave to any san francisco employee of a private company with 500 or more employees. who it covers -- every single s.f. employee of a private company with 500-plus employees. even if you're furloughed and even if you are the employee in san francisco, even if you started working a month before shelter in place, even if you are a temp worker, even if you don't live in san francisco, but you work here. employers and health care providers are allowed to opt out. however, we're amending it to especially sure health care providers are given additional paid leave if they get sick or have to get quarantined. and all workers are presumed to be employees and covered until and unless then their employer demonstrates they are an independent contractor. now who this emergency
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ordinance does not cover -- people who are unemployed, public employees and they're covered bier our executive action, private employees of companies with fewer than 500 employees and they're covered by the federal law, people who do not work in san francisco and independent contractors. and when employees can use their immediate leave. if you can't work because there's shelter in place, if you have to stay home to take care of a family member, if it's replaced with work and a you can't work remotely, if you are a member of a vulnerable population, if you're showing symptoms and if your doctor recommends you not work. so, again, i presented -- or today i'm presenting some set of amendments and there are seven different amendments and
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they're probably -- i believe you received a copy of the amended emergency ordinance and i'm going to summarize this up in amendments right now. number one, provide public health emergency leave to health care providers when they're subject to quarantine or sick or otherwise do not meet c.d.c. return-to-work guidelines. in number two, ex. -- expand uses of the leave for vulnerable populations including 60 or older. number three that benefits like health care can't be taken away while employees are on leave. number four, require employer notice in english, spanish, chinese and any other language spoken by 5% or more of the workforce. number five, as information on local, state and federal resources to the notice language that they'll draft. number six, matches the health
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care provider definition to provider regulation. and number seven, additional paid leave voluntarily provided during the emergency toward this new requirement if the composition offered meets the standard. you know, i would like to request that deputy city attorney anne pearson provide her assessment of these amendments and whether any of these are substantive and would require continuance before the committee takes action. >> good morning. can you all hear me? >> yes. >> thanks. so i've had a chance to review all of the amendments that supervisor mar just described and the first one on his list is one that is substantive and that is the amendment that would require health care -- employers of health care providers to provide them with leave under some limited circumstances. the other ones are not substantive and would not require a continuance today. >> thank you. >> supervisor mar, do you want
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to split the file and move forward the portion that's not substantive and we can continue the other just to get this moving as quickly as possible or just move them all at the same time? >> yeah. thank you. thank you, deputy city attorney pearson and chair ronen. yes, i -- in answer to your question, chair, i would like to -- i will be making a motion to duplicate the file so we can move the nonsubstantive amendments forward as the committee records to the full board hopefully for vote and adoption tomorrow and then we can move the substantive amendment forward -- or continue it as we will need to but then move that forward hopefully a week later. i would say we want to ensure that our health care providers
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working on the frontlines have paid leave. so, that's important. but we don't want to hold that -- the overall important provisions of the ordinance while we have to continue that amendment. >> that makes perfect sense. i just wanted to thank you so much for bringing this forward, supervisor mar. it's pretty outrageous that the congress left out of the law the employers that most can afford to provide this benefit. they are the biggest employers making the most money in this society and perhaps their donors to the congress members who left them out and that is why they got a break when the smaller employers didn't. we are all in this together. we are all sacrificing. we have to all sacrifice to make sure that everyone
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[inaudible] and i'm so grateful for you bringing this forward and if i could be added as a sponsor, i would appreciate that. supervisor stefani, do you have any comments? >> yes, thank you, supervisor ronen and i want to associate myself with your comments. i do agree on the importance and i want to thank supervisor mar for bringing this legislation forward to address the members of our workforce struggling during these difficult times. it is so important that we do everything that we can to protect the working people who faced this crisis. and just, you know, when we think about what happened over a month ago, mayor breed directed our residents to shelter in place earlier than almost any other municipality in the united states. i'm grateful to her and our neighboring bay area counties for taking decisive action to save lives. and in doing so, when that order went into place, a number
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of businesses stepped up to provide extra paid time off and income security to their employees. really recognizing that there were challenging times ahead and i want to thank them and system of them are employers that had more than 500 employees so as this situation involves and this legislation has come to us quickly, which again we're reacting quickly and i thank you again for that, supervisor mar, i want to make sure we're not being punitive to those companies that have gone above and beyond to support their workers and my hope is that, as we implement this law, wi don't punish those -- and i know that is not your intention, supervisor mar, i just want to call out the fact that there are precise steps in this ordinance and the legislation has specific requirements to add sick leave that may add up with some of the things that employers with
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500 or more have done. for example, when an employer created a fund to pay employees who aren't working. i just want to make sure that we don't punish those who have stood up for their employees and even if the actions they have taken don't exactly fit the legislation today. i do plan to be supportive, of course, of this legislation. but just wanted to call that out. and make sure as we move forward, we don't punish those good actors because thankfully there are some because it does restore our faith in humanity when we see companies taking care of their employees, as they should. thank you again and i do plan to support this today. >> supervisor? >> we will now open up this
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item to public comment. >> members of public online, please press 1 and then 0 to be added to the queue to speak. >> you have four questions remaining. >> hello, i'm an organizer with sviu, united service workers west. we are an organization of almost 10,000 essential workers in san francisco. our members help to carry essential operations, including
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drugstores and banks and the san francisco international airport. workers should not be forced to come to work sick, ever. especially at this time. we support the emergency paid sick leave for workers and we also encourage the board to use its authority to ensure that they pass this immediately and introduce language to cover s.f.o. airport workers next. work ers should not have to choose between taking care of themselves, getting a paycheck and protecting their families. thank you. >> you have four questions remaining. >> thank you. next speaker. >> caller: yes. i'm a member of the california faculty association at san francisco state and i'm very appreciative of this legislation. i want to say that i'm inundated we mails from
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students who are really, really desperate so this is essential to students. thank you. >> thank you so much. next speaker? >> you have two questions remaining. >> caller: ok. [inaudible]. sorry. are you still there on the phone? now you're able to speak. >> caller: right now? >> yes. >> caller: i can speak now? >> yes. >> caller: they can hear me now? >> yes. >> caller: ok. i work for a retail store and i would like the see if you can help us out with the bill so we can afford it to stay as
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[inaudible] and we can get paid when we're not working. because we have a lot of needs, medical and that is why we really should not be working outside. and people who are sick, too. i am 63 years old and have diabetes and i'm high risk to be working. because i work in the retail. and i work with the public. with the customer. [inaudible]. i feel like we don't have to [inaudible] help us out. thank you.
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my number is 415-800-[inaudible] 0008. thank you. >> thank you so much. next speaker, please. >> you have two questions remaining. >> caller: hi, this is collan, i'm the executive director at the [inaudible] of justice and this is really one of the defining workers rights issues of our time which is that we see, you know, our workers' health is impacting all of us and, you know, we've had the leadership of being the first city in the country to pass paid sick leave and it is our time to lead again bypassing this health emergency leave and really rising to this moment. so much of you as supervisors
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really helped us, you know, take incredible action to stop this pandemic and being the first county to be in shelter in place. it's so important. and now we have another chance, i think that is key to preserve the public health by having a public health emergency leave. some of these difficult moments that people are testing, too. but one thing that i do take away as a bit of hope is that folks are realising how much of our health is linked with others around us. we're only as healthy as our neighbor, as our neighbor's neighbor. afternoon some of the people have come together to take care of each other in this moment. and this public health emergency we're taking care of some of the most vulnerable workers who are actually serving the public every day. it is an important step. i hope you take that tomorrow. thanks. >> thank you so much. any other speakers? >> you have two questions
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remaining. >> next speaker, please. >> caller: this is emily abraham. from the san francisco chamber of commerce. on behalf of the san francisco chamber of commerce, i would like to note that we are proudly supportive of this resolution. we sincerely thank supervisor mar to work with his efforts to work with the san francisco chamber of commerce and offering clarifications on specifics of the ordinance and we thank supervisor stefani for her support and we appreciate the clarity around the hours and voluntary paid leave credit [inaudible] mandate. and also clarification that [inaudible] will not occur and compensation for companies that however unlimited leave qualify. thank you for your support and efforts during this public health crisis. >> thank you. next speaker, please.
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>> you have one question remaining. >> hello, my name is chris wright. i'm the executive director of the committee on jobs and association that represent the city's largest private sector employers. much of [inaudible] has been focused on our city's small businesses who are struggling. that said, every employer is suffering in this global catastrophe and each face serious threats of [inaudible]. since the mayor's stay in place order, many of our members have been closed to outright stop operations many of our own members are covered by government mandate and subsidy [inaudible]. the city clearly recognized
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that additional employee benefits are credited to their obligations under this new measure. prohibiting businesses from offsetting existing benefits would effectively penalizing employers with general policis in place. additionally the requirement for changing pay stubbs [inaudible] in light of the leave of this ordinance. and prior to the alleged [inaudible] of reasonable, timely and likely more effective notice, including electronic notice to their eligible employees. i want to echo the other concerns raised by the chamber of commerce letter come friday afternoon. the main issues are complex and they deal with multilayers. as such, we respectfully act for an additional week to review the language and to improve the [inaudible] clarity. we're commited to the goals of the legislation to working with the sponsors to achieve that, which is why we'd like to make
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sure that it is done right. thank you for your time and consideration. >> thank you very much. any other speaker? >> you have one question remaining. >> caller: hi. good morning. my name is angelica. i'm with [inaudible] south of community action network. we want to thank supervisor mar for moving forward with this legislation and really hope that the committee will move this forward. it's a very important legislation. as we take care of all the workers in san francisco this legislation this cover 200,000 workers in san francisco and we really think this legislation is much needed. thank you. >> thank you. again, other speakers?
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>> you have zero questions remaining. >> thank you for all the public speakers and if there are no other speakers in line, we will close public comment. >> i'm making sure there are no other speakers. >> ok. thank you. mr. clerk, can you please have a role -- roll call vote. supervisor mar made a motion to look at the file. i believe there's no objection to that motion. is that true? >> actually, i'm sorry, chair ronen. i actually had -- it is a little complicated what i'm proposing to do here. there's actually five motions that i want to make. >> got it. sorry. go ahead. >> ok. actually, before i do that t i did want to acknowledge the
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comment by supervisor stefani and also that were reinforced by chris wright from the committee on [inaudible]. acknowledging the fact that many employers in san francisco have already stepped up and voluntarily provided additional paid leave to their employees in this time of crisis. so that certainly has happened. and we definitely dome want to penalize employers that have already stepped up so that is why one of the amendments that is included today is making sure that those employers get credit for the additional paid leave that they've already voluntarily provided towards the 80 hours that is required under the ordinance, as long as the paid leave that has been provided is comparable to
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what's specified in the ordinance and i wanted to acknowledge the different folks we've worked on in this important legislation. starting with deputy city attorney matt pearson and matt goldberg as well as our early co-sponsor, supervisor haney, jobs of justice san francisco, the san francisco labor council, sieu, united service workers west and legal aid network and san francisco chamber of commerce. again, i have a series of motions that i'd like to make that will allow us to move the nonsubstantive amendments to ward as soon as possible and then also come deal with the would be substantive amendment regarding allowing health care providers to ask that public
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health emergency leave, when they're quarantined or sick. so, the first motion is -- i'd like to move that to adopt the amendment before us, except for references to 5b included therein. >> can you please take a roll call vote on that motion? >> on the motion to amend? supervisor stefani. >> aye. >> stefani, aye. supervisor mar? >> aye. >> mar, aye. >> chair ronen. >> aye. >> motion passs to amend the ordinance. >> and i move to duplicate the file as amended.
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>> i need to send the original file as amended as a committee report to the april 7 meeting of the board. >> roll call? >> on the motion to refer to the board of committee report? supervisor stefani. >> aye. >> stefani, aye. supervisor mar. chair ronen. >> aye. >> the motion passes. >> and next, i would like to move to amend the duplicated file with the remaining amendments that references to 5c. >> we need a role call for that. >> yes.
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that motion to amend. supervisor stefani. [roll call] the motion to amend has passed. >> and then finally i move to continue the duplicated file as further amended to the monday, april 13 meeting of the rules committee. >> roll call. >> on that motion, supervisor stefani. >> aye. [roll call] >> those are the five motions you wanted to make, correct? >> correct. >> thank you so much. so mr. cook, are there any other items on today's agenda? >> before i state, i'd like to
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summarize that the original motion has been amended and refered to the board as a committee report. the duplicated file has been continued to the april 13 meeting and that completes the agenda for today. >> thank you so much. then the meeting is adjourned. thank you, guys. >> thank you. >> thank you. >> take care. >> thanks.
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>> good afternoon. it is