Access to hours of work for qualified part-time employees.
San José Municipal Code § 4.101.040
in effect4.101.040 - Access to hours of work for qualified part-time employees.
A. Before hiring additional employees or subcontractors, including hiring through the use of temporary services or staffing agencies, an employer must offer additional hours of work to existing employees who, in the employer's good faith and reasonable judgment, have the skills and experience to perform the work, and shall use a transparent and nondiscriminatory process to distribute the hours of work among those existing employees.
B. The city shall have the authority to issue guidelines to encourage employers to create training opportunities to permit employees to perform work for which the employer can be expected to have a need for additional hours of work.
C. This section shall not be construed to require any employer to offer an employee work hours if the employer would be required to compensate the employee at time-and-a-half or other premium rate under any law or collective bargaining agreement, nor to prohibit any employer from offering such work hours.
(Measure E (Ord. 2016.1), adopted by electorate, 11-8-16)
Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT4REFIBUTA_CH4.101OPWOOR_4.101.040ACHOWOQUPAMEEMFetched: 11/1/2026