BREAKOUT SESSION: RETAIL WORKERS BILL OF RIGHTS AND FAMILY FRIENDLY WORKPLACE IMPLEMENTATION

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1 BREAKOUT SESSION: RETAIL WORKERS BILL OF RIGHTS AND FAMILY FRIENDLY WORKPLACE IMPLEMENTATION

2 SAN FRANCISCO FAMILYFRIENDLY WORKPLACE ORDINANCE Legal Aid Society Employment Law Center May 15, 2015

3 LEGAL AID SOCIETY EMPLOYMENTLAW 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.

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

5 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.

6 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.

7 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.

8 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.

9 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.

10 FFWO PROTECTION FROM DISCRIMINATION/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.

11 WORK & FAMILY POLICY ADVOCACY

12 STATE & LOCAL TRENDS IN POLICY Scheduling Fairness California (AB 357) Also in 2015, bills introduced in: CT, IL, IN, MD, MA, MN, NY & OR Workplace Flexibility Berkeley Santa Clara County Vermont

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

13 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

grandparents/kids, adult children and in laws AB 908 (Gomez) Improves Paid Family Leave by

scheduling fairness for retail workers SB 579 (Jackson) Job protection for child care

14 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.

15 Sharon Terman, elc.org Legal Aid Society Employment Law Center elc.org, Work & Family Helpline: (800) Free legal advice and information in multiple languages Know Your Rights Workshops QUESTIONS? Healthy Mothers Workplace Coalition

16 Presented by Michelle Lim Introducing the Retail Workers Bill of Rights

17 Overview What is the Retail Workers Bill of Rights? What s the impact? Next Steps

18 What is the Retail Workers Bill of Rights?

19 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 2 weeks advance notice of schedule 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 Equal treatment for part time workers for pay, access to time off, & promotions 90 day retention clause

20 What s the Impact?

Impact Impact over 40,000 low wage, hourly

outlets have covered this Innovative policy

standards for thousands for workers New entry way

21 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 100 media 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

22 Next Steps?

23 Next Steps Outreach Know Your Rights Workshop Fair Scheduling Rally Starting in May Sat. June 6 Fri. July 3

How to Contact: Jobs with Justice San Francisco Michelle Lim 415 349 3487 michelle@jwjsf.

24 How to Contact: Jobs with Justice San Francisco Michelle Lim Get Involved Volunteer experienced/ dedicated Connect us with workers Mobilize Flyer/ Point Person

25 Outreach and Enforcement Making Local Labor Laws Meaningful in Workers Lives

26 City & County of San Francisco Office of Labor Standards Enforcement San Francisco Labor Laws Timeline OLSE Created Minimum Compensation Ordinance Minimum Wage Ordinance Paid Sick Leave Ordinance Fair Chance Ordinance Family Friendly Workplace Ordinance Minimum Wage Increase Health Care Accountability Ordinance Sweatfree Contracting Ordinance Health Care Security Ordinance (HCSO) Retail Worker Bill of Rights (Formula Retail Labor Protections) 26

27 City & County of San Francisco Office of Labor Standards Enforcement FFWO Outreach One time outreach funding Employees o City Grantee and fellow targeting maternity wards, preschools, etc. Employers o Materials and events highlighting model employers 27

28 City & County of San Francisco Office of Labor Standards Enforcement Formula Retail Labor Protections Roll Out Effective July 3, 2015 Obtain final legislation Stakeholder events Issue FAQs Rulemaking Outreach materials Employer Outreach Employee Outreach 28

29 City & County of San Francisco Office of Labor Standards Enforcement Formula Retail Labor Protections Enforcement Strong enforcement language and penalties New investigative process Opportunity to be a model 29

30 City & County of San Francisco Office of Labor Standards Enforcement 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 30

31 Ellen Love Office of Labor Standards Enforcement

By Big Labor and For Big Labor?

November 2015 By Big Labor and For Big Labor? A Case Study from San Francisco of Union Involvement in the Legislative Process By Big Labor and For Big Labor? 1 Executive Summary Since early 2012, labor