Certain San Francisco Employers Must Submit Annual Reporting by May 3, 2024

Every year, employers covered by the city of San Francisco’s Health Care Security Ordinance (HCSO) and/or Fair Chance Ordinance (FCO) must submit an Annual Reporting Form to the San Francisco Office of Labor Standards Enforcement (OLSE). Available on the OLSE’s website, this form gives an overview of how employers are complying with either of the above two San Francisco ordinances. This year’s 2023 Annual Reporting Form is due May 3, 2024.

San Francisco’s Health Care Security Ordinance Reporting Requirements

The HCSO requires covered employers to make health care expenditures (HCEs) for their covered employees, such as purchasing health insurance coverage for their covered employees or making payments to the city on behalf of covered employees to establish their eligibility in a qualifying program.

The HCSO applies to employers who:

• Employ one or more workers within the geographic boundaries of the city and county of San Francisco;
• Are required to obtain a valid San Francisco business registration certificate; and
• Are a for-profit business with 20 or more people performing work, or a nonprofit organization with 50 or more people performing work.

Annually, covered employers must provide information to San Francisco regarding the number of individuals employed during each quarter of the prior calendar year; the number of employees eligible for the HCSO in each quarter; the employer’s total healthcare expenditure; and the variety of healthcare coverage options extended to employees.

San Francisco’s Fair Chance Ordinance Reporting Requirements

The FCO imposes various other prohibitions and requirements for employers obtaining and using criminal background information, including eliminating the commonly used criminal history check box found on many employment applications.

The FCO applies to employers who:

• Are located or doing business in San Francisco; and
• Have five or more employees, regardless of whether those employees are all located in San Francisco.

Every year, covered employers must disclose various information, including:

• The total number of employees hired to work within San Francisco for the prior calendar year;
• Whether background checks were performed on job applicants; and
• If individuals with conviction histories were hired.

Employers covered by either of these two San Francisco ordinances must complete and submit the Annual Reporting Form by May 3, 2024. Failure to submit it by the deadline may subject employers to a penalty of $500 per quarter.

San Francisco’s 2023 Form, annual reporting instructions and additional guidance can be found at www.sf.gov/olsearf.

Vanessa M. Greene, J.D., Employment Law Subject Matter Expert, CalChamber

CalChamber members can read more about the San Francisco Fair Chance Ordinance and the San Francisco Health Care Security Ordinance on HRCalifornia. Not a member? Learn how to power your business with a CalChamber membership.