San Francisco Ordinance Enforcing Penalties for Minimum Wage Violators

In a victory for San Francisco’s workers, the San Francisco Board of Supervisors passed an ordinance on Sept. 6 increasing transparency of employer’s operations and making it more expensive for the city’s employers to violate minimum wage laws. 

The ordinance provides these additional penalties: 1) $500.00 penalty for employer’s failure to maintain payroll records for four years; 2) $500.00 penalty for employer’s failure to allow the city’s Office of Labor Standards Enforcement to inspect payroll records; 3) $1,000.00 penalty per employee for employer’s retaliation for an employee’s exercise of her rights under the minimum wage ordinance; 4) $500.00 penalty for employer’s failure to conspicuously post notice of minimum wage rate in English, Spanish, Chinese and any other language spoken by at least 5% of the Employees at the workplace or job site; 5) $500.00 penalty for employer’s failure to provide notice to employees of investigation of employer’s minimum wage violations; 6) $500.00 penalty for employer’s failure to post notice of minimum wage violation to public; 7) $500.00 penalty for employer’s failure to provide employee with employer's name, address, and telephone number in writing.

The ordinance also grants the city’s Office of Labor Standards Enforcement access to covered workplaces to inspect books and records, interview employees and investigate.  Where the Agency has reason to believe that a violation has occurred, it may order any appropriate temporary or interim relief. Where the Agency determines at a hearing that a violation has occurred, it may order a worker’s reinstatement, the payment of any back wages unlawfully withheld, and the payment of $50 to each employee or person whose rights were violated for each day or portion thereof that the violation occurred or continued.  The ordinance also provides for interest.

Russell Naymark

Return Archive 2011

Legal Developments