breakout session retail workers ill of ights and …

BREAKOUT SESSION:RETAIL WORKERS BILL OF RIGHTS AND

FAMILY FRIENDLY WORKPLACEIMPLEMENTATION

SAN FRANCISCO FAMILY FRIENDLYWORKPLACE ORDINANCE©Legal Aid Society – Employment Law CenterMay 15, 2015

LEGAL AID SOCIETY – EMPLOYMENT LAW CENTER

•Non‐profit legal aid organization founded in 1916•LAS‐ELC’s Work and Family Program protects the employment rights of pregnant women, new parents, and workers facing family medical crises.•LAS‐ELC provides legal advice and information through toll‐free helplines and clinics, direct representation, policy advocacy, and public education and outreach.

CAREGIVING NEEDS IN THE UNITED STATES Today, 63% of children live in families where both parents work, compared to just 33% in 1976.

Women now make up half the workforce.

In nearly 4 in 10 families mothers are now the primary breadwinners.

More new fathers want to be engaged in family caregiving.

Workers are also caring for other family members, including elderly parents. 29% of the adult population is caring for someone who is ill, disabled or elderly.

FLEXIBILITY “STIGMA” Women suffer disproportionately from a lack of policies that allow flexibility in the workplace: the demands of pregnancy, childbirth, and societal expectations make them particularly vulnerable to tension between work and life.

Men who seek flexibility often are penalized because they are not taking a traditional work path – they are seen as less committed to their careers and less masculine.

WORKPLACE FLEXIBILITY

Men and women are equally likely to want a flexible schedule.

In the UK, most requests were at least partially granted, and the law was expanded to all employees, not just caregivers.

CAREGIVING AND SCHEDULING

Amelia worked as a janitor in a gym in SF. Because of her daughter’s health condition, childcare options were limited. She requested her shift begin and end 2 hours earlier. She was fired.

WORKPLACE FLEXIBILITY

Leslie worked from home so that she could care for her mother with Alzheimer’s. She was consistently a top performer. Her new supervisor refused to allow her to work from home.

SF FAMILY FRIENDLY WORKPLACE ORDINANCE

Effective Jan. 2014; applies to employers with 20+ ees. Grants workers the right to request flexible or predictable work arrangements to help with family caregiving obligations.

Employers can deny requests, for bona fide business reasons that they explain in writing.

FFWO PROTECTION FROMDISCRIMINATION/RETALIATION

SF FFWO prohibits discrimination against workers based on status as a caregiver.

It also prohibits retaliation for asking for flexible or predictable work arrangement, regardless of whether the request was granted.

WORK & FAMILY POLICY ADVOCACY

STATE & LOCAL TRENDS IN POLICY

California (AB 357) Also in 2015, bills introduced in: CT, IL, IN, MD, MA, MN, NY & OR

Berkeley Santa Clara County Vermont

Workplace FlexibilityScheduling Fairness

FEDERAL LEGISLATION

FAMILY Act – Paid Family Leave to bond with a new child, for one’s own serious health condition, or care for a seriously ill family member Schedules that Work Act –Advance notice of schedules, predictability pay, right to request and receive flexible work arrangements

Pregnant Workers Fairness Act – requires reasonable accommodations for pregnant workers

Healthy Families Act –Allows employees to earn up to 7 job‐protected, paid sick or safe days/year; at least 15 ees

CALIFORNIA WORK & FAMILY BILLS

SB 406 (Jackson) ‐ Expands job protection for bonding and caregiving leave by covering employers with 25+ employees and those caring for ill siblings, grandparents/kids, adult children and in‐laws

AB 908 (Gomez) ‐ Improves Paid Family Leave by increasing wage replacement rate and extending from 6 to 10 weeks

AB 357 (Chiu/Weber) – requires scheduling fairness for retail workers

SB 579 (Jackson) – Job protection for child care emergencies and enrolling in or visiting child care/schools.

Get Involved! Contact Legal Aid Society‐Employment Law Center.

QUESTIO

NS?

Sharon Terman, sterman@las‐elc.orgLegal Aid Society – Employment Law Center

www.las‐elc.org, 415‐864‐8848

Work & Family Helpline: (800) 880‐8047 Free legal advice and information in multiple languages

Know‐Your‐Rights Workshops

Healthy Mothers Workplace Coalition www.healthymothersworkplace.org

Presented by Michelle Lim

Introducing the

Retail Workers Bill of Rights

Overview

What is the Retail

Workers Bill of Rights?

What’s the impact?

Next Steps

What is the Retail Workers Bill of Rights?

What is the Retail Workers Bill of Rights?

‐ The Retail Workers Bill of Rights is a package of two separate pieces of legislation — “Hours and Retention Protections for Formula Retail Employees,” introduced in July by Supervisor Eric Mar and the “Fair Scheduling and Treatment of Formula Retail Employees,” introduced by Supervisor David Chiu in September

‐ Covers Formula Retailers with 20 or more employees in SF and 20 or more locations globally, as well as their contracted janitors and security officers—Target, Starbucks, McDonalds, Ross, etc.

‐ What is included?

Full‐time hours, if available

Full‐time hours, if available

2 weeks advance notice of schedule

2 weeks advance notice of schedule

1 hour of pay for schedule changes with less than 7 days notice

1 hour of pay for schedule changes with less than 7 days notice

2‐4 hours pay for changes with less than 24 hours or cancelled

on‐call shifts

2‐4 hours pay for changes with less than 24 hours or cancelled

on‐call shifts

Equal treatment for part‐time workers for pay, access to time off,

& promotions

Equal treatment for part‐time workers for pay, access to time off,

& promotions

90 day retention clause90 day retention clause

What’s the Impact?

• Impact over 40,000 low wage, hourly workers in San Francisco

• Groundbreaking, first of its kind legislation in US

• Strong Model Legislation for other cities

• Over 100media outlets have covered this

• Innovative policy campaign to win workers’ rights and raise standards for thousands for workers

• New entry way into San Francisco retail organizing

• Connections to national retail organizing targets

Impact

Next Steps?

Next S

teps

Outreach

Know Your Rights Workshop

Fair Scheduling Rally

Starting in May Sat. June 6 Fri. July 3

How to…

Get InvolvedVolunteer –experienced/dedicated

Volunteer –experienced/dedicated

Connect us with workersConnect us with workers MobilizeMobilize Flyer/EmailFlyer/Email Point PersonPoint Person

Contact: Jobs with Justice San FranciscoMichelle Lim415 – 349 – [email protected]

Outreach and Enforcement

Making Local Labor Laws Meaningful in Workers’ Lives

San Francisco Labor Laws Timeline

City & County of San FranciscoOffice of Labor Standards Enforcement

26

Health Care Accountability Ordinance

OLSE Created

Minimum Wage Ordinance

Sweatfree Contracting Ordinance

Health Care Security Ordinance (HCSO)

Paid Sick Leave Ordinance

Fair Chance Ordinance

Family Friendly Workplace Ordinance

Minimum Wage Increase

Retail Worker Bill of Rights (Formula Retail Labor Protections)

Minimum Compensation Ordinance

1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

FFWO Outreach

• One‐time outreach funding• Employees

o City Grantee and fellow targeting maternity wards, preschools, etc.

• Employerso Materials and events highlighting model employers


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Formula Retail Labor Protections Roll‐Out

• Obtain final legislation• Stakeholder events


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• Issue FAQs• Rulemaking• Outreach materials

• Employer Outreach • Employee Outreach

Effective July 3, 2015

Formula Retail Labor Protections Enforcement

• Strong enforcement language and penalties

• New investigative process• Opportunity to be a model


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You Can:

• Inform friends, colleagues, clients of their rights• Participate in outreach• Refer violations to OLSE• Suggest outreach strategies (for OLSE or partners)

• Participate in rulemaking


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Ellen LoveOffice of Labor Standards Enforcement

[email protected]

breakout session retail workers ill of ights and …

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