RESIDENTIAL CONSTRUCTION WAGE THEFT PREVENTION ORDINANCE

SF-LABOR pt. DIVISION I: PROTECTION OF WORKERS IN THE CITY, art. 81

in effect

SF Labor and Employment Code § 81.1 TITLE.

SEC. 81.1. TITLE. This Article 81 shall be known as the Residential Construction Wage Theft Prevention Ordinance. (Added as Police Code Sec. 3300O.1 by Ord. 71-22, File No. 211297, App. 5/6/2022, Eff. 6/6/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 81.2 FINDINGS.

SEC. 81.2. FINDINGS. (a) Existing tools for enforcement of labor standards in the construction industry do not meet the scale of the challenges in that industry. Over 300,000 state-licensed contractors performed more than $65 billion worth of permitted construction work in California in 2019. During fiscal year 2018-2019, the California Labor Commissioner conducted only 232 inspections in the construction industry, which yielded 336 citations for violations. The Labor Commissioner assessed $14.8 million in back-wages for these violations —the highest amount of any industry—and $3.3 million in penalties, but less than 2% of the back wages were collected, along with approximately 16% of the penalties. Resources for investigations and enforcement of the violations that are uncovered are inadequate. (b) The City has an interest in preventing and remedying wage theft and other labor standards violations in the construction industry. Violations of labor standards harm workers and their families, undermine the City’s economic growth, provide employers with an unfair competitive advantage against law-abiding employers, and may create an atmosphere that leads to violations of construction safety and quality standards. (c) California Labor Code Section 2810.5, added by the Wage Theft Protection Act of 2011, requires that all employers at the time of hire provide each employee with a written notice containing the employee’s pay rate and basis thereof (whether by hour, salaried, etc.), regular payday, sick leave benefits, and other specified information. California Labor Code Section 226 requires employers to provide employees with a detailed statement of the employee’s wages, hours worked, all deductions, net wages, and other specified information with the employee’s pay. City labor protections, including the Minimum Wage Ordinance, Labor and Employment Code Section 1.5(c); Paid Sick Leave Ordinance, Labor and Employment Code Section 11.6; and Health Care Security Ordinance, Labor and Employment Code Section 21.3(f), require employers in the City to maintain and provide the Office of Labor Standards Enforcement access to accurate payroll records and other documentation of compliance. Together, these requirements may help employees identify apparent errors in their pay and benefits so they can be addressed, and they help regulators audit compliance with City and State labor protections. (d) This Article 81, in conjunction with amendments to the Building Code requiring Owners of certain residential construction projects to secure a surety bond for labor compliance as a condition of receiving a permit, will enhance compliance with these requirements in the City. This Article 81 will require Owners to maintain the labor compliance bond required under Building Code Section 106A.1.18 and to acknowledge that they may be held responsible, through forfeiture of the bond, for labor violations committed on the project. Further, it will require Covered Contractors to acknowledge their responsibility to comply with all applicable City and State labor standards including notice and recordkeeping requirements and to provide the City with access to their records upon request. Owners will further be required to provide the City with specified information about Covered Contractors, which the City will use to determine if Covered Contractors have any ongoing investigations or unresolved labor violations at the local level or unresolved labor violations at the State level for work on the project. That information will be used to determine if the labor compliance bond required may be released, reduced, or used to remedy a labor violation. (e) The Legislature also has enacted licensing and certification requirements for electrical and fire sprinkler system installations in California Labor Code Section 108.1 and California Health and Safety Code Section 13110, respectively. This Article 81 will enhance compliance with these requirements in the City by requiring Covered Contractors to provide documentation of the certification and registration of electricians and sprinkler fitters. (Added as Police Code Sec. 3300O.2 by Ord. 71-22, File No. 211297, App. 5/6/2022, Eff. 6/6/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 81.3 DEFINITIONS.

SEC. 81.3. DEFINITIONS. For purposes of this Article 81, the following definitions apply. “Agency” means the Office of Labor Standards Enforcement. “Apprentice” means an individual enrolled in an apprenticeship program registered with the California Department of Industrial Relations Division of Apprenticeship Standards. “Bond” means the surety bond required as a condition for a permit for a Project under Building Code Section 106A.1.18, as may be amended from time to time. “City” means the City and County of San Francisco. “Covered Contractor” means a contractor or subcontractor of any tier performing work on a Project the cost of which work exceeds or is expected to exceed $100,000 or one half of 1% of the permit value of the Project. “DLSE” means the Division of Labor Standards Enforcement of the California Department of Industrial Relations. “Employee” means any person providing labor or services for remuneration for a Covered Contractor on a Project within the geographic boundaries of the City, who is an employee under California Labor Code Section 2775, as may be amended from time to time, including a part-time or temporary employee. “First Construction Document” means the first building permit issued for a Project or, in the case of a site permit, the first building permit addendum issued or other document that authorizes construction of the Project. “Construction Document” shall not include permits or addenda for demolition, grading, shoring, or site preparation work. “Owner” means the person or persons, firm, corporation, partnership, or other legal entity that owns, individually or jointly with another Owner, a Project. “Project” means a development in Residential Group R, as defined in Building Code Section 310.1, requiring a Bond under Building Code Section 106A.1.18 that submits an application for a building permit or a complete Preliminary Permit Application pursuant to California Government Code Section 65941.1 on or after the effective date of this Article 81, to construct, enlarge, alter, repair, improve, or convert a building or a portion thereof that results in the creation or addition of 10 or more residential or sleeping units within the geographic boundaries of the City. Notwithstanding the foregoing definition, “Project” does not include a residential development that is subject to local, state, or federal prevailing wage requirements or a valid Project Labor Agreement or Community Workforce Agreement. (Added as Police Code Sec. 3300O.3 by Ord. 71-22, File No. 211297, App. 5/6/2022, Eff. 6/6/2022; amended by Ord. 58-23, File No. 230134, App. 4/21/2023, Eff. 5/22/2023; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 81.4 REPORTING REQUIREMENTS.

SEC. 81.4. REPORTING REQUIREMENTS. (a) Acknowledgment of responsibilities. (1) An Owner of a Project must sign an acknowledgment of the Owner’s responsibility for ensuring that each Covered Contractor working on the Project complies with State and local labor protections and that the Owner may be held liable through forfeiture of its Bond under Section 81.5 for labor violations committed on the Project. Such acknowledgments must be provided to the Agency with the initial report under subsection (d)(1). (2) An Owner of a Project must require each Covered Contractor to sign an acknowledgement of their responsibility to comply with all applicable State and local labor protections including but not limited to employee notice and payroll recordkeeping requirements under California Labor Code Sections 226 and 2810.5 and Labor and Employment Code Sections 1.5(c), 11.6, and 21.3(f), and to provide the Agency with access to such records under Labor and Employment Code Articles 1, 11, 21, and other applicable laws if requested. Such acknowledgments must be obtained by the date on which the Covered Contractor starts work on the Project; provided, however, that if the contractor or subcontractor’s work on the project is initially not expected to exceed $100,000 or one-half of 1% of the value of the Project, such acknowledgment must be obtained within 30 days of the date on which the contractor or subcontractor becomes a Covered Contractor. (b) Certification of fulfillment of recordkeeping responsibilities. Prior to the submission of the final report required under subsection (d)(2) of this Section 81.4, an Owner of a Project must require each Covered Contractor to certify that it has complied with all applicable State and local employee notice and payroll recordkeeping requirements for all Employees performing work on the Project, including but not limited to California Labor Code Sections 226 and 2810.5 and Labor and Employment Code Sections 1.5(c), 11.6, and 21.3(f), and will provide the Agency with access to records under Labor and Employment Code Articles 1, 11, and 21, and other applicable laws, if requested. If any Covered Contractor does not complete a certification, the Owner must so report under subsection (d)(2). (c) Documentation of electrical worker and sprinkler fitter qualifications. (1) Every Covered Contractor performing work on a Project for which certification is required under California Labor Code Section 108 or 108.2 or registration is required under California Labor Code Section 108.4 shall provide the Owner proof of certification or registration, as applicable, for each certified electrician, registered Apprentice, and registered electrician trainee performing work on the Project. (2) Every Covered Contractor performing work on a Project for which certification or registration is required under Title 19 of the California Code of Regulations Sections 925 or 937-939 shall provide the Owner proof of certification or registration, as applicable, for each certified fire sprinkler fitter, Apprentice, or trainee performing work on the Project. (d) Owner reporting requirements. (1) Initial report. Within 45 days of the issuance of a permit for a Project requiring a Bond, an Owner must file with the Agency a report that includes each Covered Contractor expected to perform work on the Project, with the Covered Contractor’s complete name, contact information for the owner, and State License Board license number; the acknowledgments obtained under subsection (a); and the information obtained under subsection (c). (2) Final report. Prior to requesting the release or reduction of a Bond under Section 81.5(b), the Owner must provide a second report to the Agency that includes each Covered Contractor that performed work on the Project, with the Covered Contractor’s complete name, contact information for the owner, and State License Board license; an estimate of the value of the work each Covered Contractor performed and its percentage of the total Project construction cost; any acknowledgments obtained under subsection (a) that were not included in the initial report; the certifications obtained under subsection (b); the name of any Covered Contractor that did not complete the certification required under subsection (b); and the information obtained under subsection (c). (Added as Police Code Sec. 3300O.4 by Ord. 71-22, File No. 211297, App. 5/6/2022, Eff. 6/6/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 81.5 BOND.

SEC. 81.5. BOND. (a) Filing and maintenance of Bond. Prior to obtaining a First Construction Document, an Owner or Owners of a Project shall file with the Controller a Bond naming the City as exclusive beneficiary, or other acceptable security as determined by the Controller. The Bond shall contain conditions that require the Owner holding the Bond to comply fully with all provisions of this Article 81 and to acknowledge that the Bond or portions thereof may become payable to the City, to be used to satisfy a determination of violation of a City labor protection for work on the Project, under the conditions set forth in Labor and Employment Code Section 81.5(d). Subject to subsection (d), the Bond shall be filed and maintained in not less than the following amounts: Estimated Project Cost | Bond Amount Less than $5,000,000 | $500,000 $5,000,000 to $7,500,000 | $750,000 $7,500,000.01 to $10,000,000 | $1,000,000 More than $10,000,000 | $1,250,000 The Controller shall notify the Agency and the Department of Building Inspection when an Owner files such Bond and the amount thereof. (b) Request for release or reduction of Bond. Not less than 90 days after the Project has been issued a certificate of final completion and occupancy or an amended certificate of final completion and occupancy under Building Code Section 109A, an Owner may file a request with the Controller to release or reduce the Bond. The Controller shall notify the Agency of the request. (c) Agency review and report to the Controller. (1) Upon receiving notice from the Controller under subsection (b), the Agency shall review whether the Owner and Covered Contractors have complied with the requirements of this Article 81 and whether the reports received under Section 81.4(d) appear complete and accurate. After providing Owners and Covered Contractors the opportunity to provide additional reporting, acknowledgements, or certifications, as needed, the Agency shall report to the Controller either (1) the Agency has received and reviewed the reports required under Section 81.4(d) and the reports appear complete and accurate, and no Owner or Covered Contractor has failed to complete the required acknowledgments under Section 81.4(a), the required certifications under Section 81.4(b), or the required documentation under Section 81.4(c); or (2) one or more reports, acknowledgments, certifications, or documentation are missing, incomplete, or appear inaccurate. The Agency shall additionally report the value of the work performed on the Project by a Covered Contractor whose acknowledgments, certifications, or documentation are missing, incomplete, or appear inaccurate. The Agency may open an investigation of an Owner or Covered Contractor whose reports, acknowledgments, or certifications are missing, incomplete, or appear inaccurate, for possible violation of this Article 81. (2) The Agency shall determine if it has any ongoing investigation or unresolved determination of violation of any law it enforces for work on the Project by any Owner or Covered Contractor. The Agency shall work diligently to promptly resolve any ongoing investigation. After seeking to resolve any unresolved determination of violation, the Agency shall report to the Controller either (1) the Agency has no ongoing investigation or unresolved determination of violation of any law the Agency enforces for work on the Project by an Owner or any Covered Contractor, or (2) the Agency has an open investigation or unresolved determination of violation, as applicable, the parties involved, and the total remedies ordered in any determination of violation, broken down by worker restitution and other remedies. (3) The Agency shall contact the DLSE to seek information on any unresolved citation or determination of violation of any law DLSE enforces for work on the Project by any Owner or Covered Contractor. If the Agency receives a report of any such citation or determination of violation, the Agency shall provide the Owner and Covered Contractor as applicable a point of contact at DLSE to facilitate resolution of the citation or determination violation. The Agency shall report to the Controller either (1) the Agency is not aware of any unresolved citation or determination of violation of any law DLSE enforces for work on the Project by an Owner or any Covered Contractor, or (2) there is such a citation or determination of violation, the parties involved, and the total remedies ordered in any such citation or determination of violation. (4) The Agency shall promptly report any material updates to the foregoing report to the Controller on an ongoing basis. (d) Controller Bond determination. (1) Bond release. The Bond may be released if the Agency reports the following under subsection (c) with respect to work on the Project: (A) The Agency has received and reviewed the reports required under Section 81.4(d) and the reports appear complete and accurate; (B) No Owner or Covered Contractor has failed to complete the required acknowledgments under Section 81.4(a), and no Covered Contractor has failed to complete the required certifications under Section 81.4(b) or the required documentation under Section 81.4(c); (C) The City has no ongoing investigation or unresolved determination of violation of any law the Agency enforces for work on the Project by an Owner or Covered Contractor; and (D) The Agency is not aware of any unresolved citation or determination of violation of any law DLSE enforces for work on the Project by an Owner or Covered Contractor. (2) If the Agency reports that an Owner has not submitted a required acknowledgment under Section 81.4(a)(1) or one or more of the reports required under Section 81.4(d), the Bond shall be maintained without reduction. (3) Bond reduction. (A) If the Agency reports that an Owner has submitted each of the reports required under Section 81.4(d) but the required acknowledgments, certifications, or documentation for one or more Covered Contractors is missing, incomplete, or appears inaccurate, the Bond may be reduced, but it shall be maintained at not less than 25% of the value of the work performed on the Project by such Covered Contractor, plus any Bond value required to be maintained under subsections (d)(3)(B) and (d)(3)(C). (B) If the Agency reports that the City has an ongoing investigation of any law the Agency enforces for work on the Project by an Owner or Covered Contractor, the Bond shall be maintained without reduction during the course of the investigation. If the Agency reports that an Owner or Covered Contractor has an unresolved determination of violation of any law the Agency enforces for work on the Project, the Bond may be reduced, but it shall be maintained at not less than 125% of the total remedies ordered under the determination of violation, plus any Bond value required to be maintained under subsections (d)(3)(A) and (d)(3)(C). (C) If the Agency reports that an Owner or Covered Contractor has an unresolved citation or determination of violation of any law DLSE enforces for work on the Project, the Bond may be reduced, but it shall be maintained at not less than 125% of the total remedies ordered under the citation or determination of violation, plus any Bond value required to be maintained under subsections (d)(3)(A) and (d)(3)(B). (D) By way of example and not limitation, if an Owner that maintains a Bond for $1,000,000 requests release or reduction of the Bond, and the Agency reports that one Covered Contractor that did $400,000 worth of work on the Project failed to file its acknowledgements, and a different Covered Contractor has an unresolved determination of violation of a City ordinance with remedies totaling $200,000, the Bond may be reduced but shall be maintained at not less than $350,000, equal to 25% of $400,000 (or $100,000) under subsection (d)(3)(A) plus 125% of $200,000 (or $250,000) under subsection (d)(3)(B). (4) Bond payment to remedy labor violation on the Project. (A) The Bond shall name the City as exclusive beneficiary and may become payable in whole or in part in accordance with this Section 81.5(d)(4) in the amount of any final determination of violation of any law the Agency enforces, including a violation of this Article 81, against an Owner or Covered Contractor for work on the Project; provided, however, that the aggregate liability for any and all claims which may arise under such Bond shall in no event exceed the face amount of such Bond regardless of the amount due and owing under a determination of violation. (B) Upon the expiration of the time to file an administrative appeal of such determination of violation if no administrative appeal is filed, or upon exhaustion of administrative and court remedies, as applicable, the Controller shall issue a notice of the liability to the Owner or Owners maintaining the Bond and the Bond surety. Any Owner maintaining the Bond or surety or both may file an appeal of the liability under the procedures set forth in Section 81.9. The procedures and requirements of Section 81.9 shall apply to the surety in the same manner as any other Appellant under Section 81.9. (C) The City shall use such Bond proceeds to satisfy the remedies specified in the determination of violation, prioritizing payment of restitution to workers before payment of any fines, penalties, or other remedies. The remainder of the Bond, if any, shall be maintained under Section 81.5. (Added as Police Code Sec. 3300O.5 by Ord. 71-22, File No. 211297, App. 5/6/2022, Eff. 6/6/2022; amended by Ord. 58-23, File No. 230134, App. 4/21/2023, Eff. 5/22/2023; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 81.6 RECORD-KEEPING REQUIREMENTS.

SEC. 81.6. RECORD-KEEPING REQUIREMENTS. (a) Owners and Covered Contractors shall retain records documenting compliance with this Article 81 for a period of four years, and they shall allow the Agency access to such records, with reasonable notice. (b) If an Owner or Covered Contractor fails to comply with subsection (a), the Agency shall presume that the Owner or Covered Contractor, as applicable, has violated this Article 81, absent clear and convincing evidence otherwise. (Added as Police Code Sec. 3300O.6 by Ord. 71-22, File No. 211297, App. 5/6/2022, Eff. 6/6/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 81.7 EXERCISE OF RIGHTS PROTECTED; RETALIATION PROHIBITED.

SEC. 81.7. EXERCISE OF RIGHTS PROTECTED; RETALIATION PROHIBITED. (a) It shall be unlawful for any person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this Article 81. (b) It shall be unlawful for an Owner or Covered Contractor to take any adverse action against any employee working on a Project for exercising rights protected under this Article 81, including the right to file a complaint or inform any person about any alleged violation of this Article; the right to cooperate with the Agency in its investigations of alleged violations of this Article; and the right to inform any person of that person’s possible rights under this Article. (c) Protections of this Article 81 shall apply to any person who mistakenly but in good faith alleges violations of this Article. (d) Taking adverse action against a person within 90 days of the person’s filing a complaint with the Agency alleging a violation of any provision of this Article 81; of informing any person about an alleged violation of this Article; of cooperating with the Agency or other persons in the investigation or prosecution of any alleged violation of this Article; of opposing any policy, practice, or act that is unlawful under this Article; or of informing any person of that person’s rights under this Article, shall raise a rebuttable presumption that such adverse action was taken in retaliation for the exercise of one or more of the aforementioned rights. Unless the presumption is rebutted with clear and convincing evidence that the adverse action was solely for a reason other than retaliation, the adverse action shall be deemed to violate this Section 81.7. (Added as Police Code Sec. 3300O.7 by Ord. 71-22, File No. 211297, App. 5/6/2022, Eff. 6/6/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 81.8 IMPLEMENTATION AND ENFORCEMENT.

SEC. 81.8. IMPLEMENTATION AND ENFORCEMENT. (a) The Agency is authorized to implement and enforce this Article 81 and may promulgate guidelines or rules for such purposes; provided, however, that the Controller is authorized to implement and enforce Section 81.5(a), (b), and (d) and may promulgate guidelines or rules for such purposes. Any guidelines or rules promulgated by the Agency or the Controller shall have the force and effect of law and may be relied on to determine a person’s rights and responsibilities under this Article. (b) Any person who has reason to believe that a violation of this Article 81 has occurred may report the suspected violation to the Agency. (c) The Agency may investigate possible violations of this Article 81. Where the Agency has reason to believe that a violation has occurred, it may order any appropriate temporary or interim relief to mitigate the violation or maintain the status quo pending completion of a full investigation and administrative determination. (d) Where the Agency determines that a violation has occurred following an investigation that affords due process, including notice of the alleged violation and the right to respond, the Agency may issue a determination of violation and order any appropriate relief to any person whose rights have been violated. Further, pursuant to California Constitution Article XIIIC, Section 1(e)(5), the Agency may order the payment of an additional sum as an administrative penalty of $1,000 for an Owner’s or Covered Contractor’s first violation, $5,000 for the second violation, and $10,000 for the third and subsequent violations. For the purpose of this calculation, if multiple people are impacted by the same violation at the same time, the Agency shall treat the violation as a single violation rather than multiple violations. To compensate the City for the reasonable regulatory costs of investigating and remedying the violation, pursuant to California Constitution Article XIIIC, Section 1(e)(3), the Agency may also order the violating Hiring Entity to pay to the City an amount that does not exceed the Agency’s investigation and administrative enforcement costs. (e) The determination of violation shall provide notice of the right to appeal the determination to the Controller and that failure to do so within 15 days shall result in the determination becoming a final administrative decision. (f) The determination of violation shall specify a reasonable time period for payment of any relief ordered. The Agency may award interest on all amounts due and unpaid at the expiration of such time period at the rate of interest specified in subdivision (b) of Section 3289 of the California Civil Code, as may be amended from time to time. (g) The remedies and penalties provided under subsection (c) are cumulative. (h) The Agency may require that remedies and penalties due and owing to a person whose rights under this Article 81 were violated to be paid directly to the City for disbursement to the person. The Controller shall hold these funds in escrow for the person. The Agency shall make best efforts to distribute such funds. In the event such funds are unclaimed for a period of three years, the Controller may undertake administrative procedures for escheat of unclaimed funds under California Government Code Sections 50050 et seq., as may be amended from time to time. Subject to the budgetary and fiscal provisions of the Charter, such escheated funds shall be dedicated to the enforcement of this Article 81 or other laws the Agency enforces. (Added as Police Code Sec. 3300O.8 by Ord. 71-22, File No. 211297, App. 5/6/2022, Eff. 6/6/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 81.9 APPEAL PROCEDURE.

SEC. 81.9. APPEAL PROCEDURE. (a) An individual subject to a determination of violation of this Article 81 or notice of Bond forfeiture under Section 81.5(d)(4), as applicable, may file an appeal (“Appeal”) in accordance with the following procedures: (1) The Appellant shall file the Appeal with the Controller and serve a copy on the Agency. The Appeal shall be filed in writing within 15 days of the date of service of the determination of violation or notice of Bond forfeiture, as applicable, and shall specify the basis for the Appeal and shall request that the Controller appoint a hearing officer to hear and decide the Appeal. Failure to submit a timely, written Appeal shall constitute concession, and the determination of violation or Bond forfeiture, as applicable, shall be deemed the final administrative decision upon expiration of the 15-day period. Further, failure to submit a timely, written Appeal shall constitute a failure to exhaust administrative remedies, which shall serve as a complete defense to any petition or claim brought against the City regarding the determination of violation or Bond determination, as applicable. (2) Following the filing of the Appeal and service of a copy on the Agency, the Agency shall promptly afford the Appellant an opportunity to meet and confer in good faith regarding possible resolution of a determination of violation. (3) Within 30 days of receiving an Appeal, the Controller shall appoint an impartial hearing officer who is not part of the Agency and immediately notify the Agency and Appellant. (4) The hearing officer shall promptly set a date for a hearing. The hearing shall commence within 45 days of the date of the Controller’s notice of appointment of the hearing officer, and conclude within 75 days of such notice, provided, however, that the hearing officer may extend these time limits for good cause. (5) The hearing officer shall conduct a fair and impartial evidentiary hearing. The Appellant shall have the burden of proving by a preponderance of the evidence that the Agency erred in its determination of violation, or the Controller erred in its Bond determination, as applicable, and/or the relief ordered therein. (6) Within 30 days of the conclusion of the hearing, the hearing officer shall issue a written decision affirming, modifying, or dismissing the determination of violation or Bond determination, as applicable. The hearing officer’s decision shall be the final administrative decision. The decision shall consist of findings, a determination, any relief ordered, a reasonable time period for payment of any relief ordered, and notice to the Appellant of the right to appeal by filing a petition for a writ of mandate as described in subsection (a)(7), and that the City may seek enforcement of the final administrative decision in Superior Court upon failure to file a timely appeal. (7) The Appellant may appeal the final administrative decision only by filing in San Francisco Superior Court a petition for a writ of mandate under California Code of Civil Procedure, Section 1094.5 et seq., as applicable, and as may be amended from time to time. (b) Where an Appellant fails to comply with a final administrative decision within the time period required therein, the Agency may take any appropriate enforcement action to secure compliance, including referring the action to the City Attorney to seek enforcement of the final administrative decision in Superior Court and, except where prohibited by State or Federal law, requesting that City agencies or departments revoke or suspend any registration certificates, permits, or licenses held or requested by the Appellant until such time as the violation is remedied. (Added as Police Code Sec. 3300O.9 by Ord. 71-22, File No. 211297, App. 5/6/2022, Eff. 6/6/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

SF Labor and Employment Code § 81.10 WAIVER THROUGH COLLECTIVE BARGAINING.

SEC. 81.10. WAIVER THROUGH COLLECTIVE BARGAINING. All or any portion of the applicable requirements of this Article 81 shall not apply to employees of a Covered Contractor who is covered by a bona fide collective bargaining agreement to the extent that such requirements are expressly waived in the collective bargaining agreement in clear and unambiguous terms; provided, however, that a Covered Contractor shall provide an Owner proof of its exemption to be included in the Owner’s reports under Section 81.4. (Added as Police Code Sec. 3300O.10 by Ord. 71-22, File No. 211297, App. 5/6/2022, Eff. 6/6/2022; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)

Source: City and County of San Francisco, Charter and Municipal Codes (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1869Fetched: 11/1/2026