Employment Law in San Francisco: Worker Protections & Rights

Overview

San Francisco has enacted some of the most progressive employment laws in the nation. The City's Department of Labor Enforcement (OLSE) administers and enforces numerous ordinances that go beyond California state law. These protections cover paid leave, health insurance, hiring practices, and more.

This guide covers the major San Francisco employment ordinances that protect workers in the City.

San Francisco Paid Sick Leave Ordinance

Accrual Requirements

San Francisco requires employers to provide paid sick leave to employees who work in San Francisco. Employees accrue at least 1 hour of paid sick leave for every 30 hours worked. Employees can accrue paid sick leave on a calendar year or other regular basis.

Minimum Hours and Eligibility

Employees are entitled to use paid sick leave beginning on the 90th day of employment. There is no minimum number of hours that must be worked in a week to be entitled to the benefit.

Uses of Paid Sick Leave

Paid sick leave may be used for diagnosis, care, or treatment of an existing health condition; preventive care; or for purposes related to domestic violence, sexual assault, or stalking affecting the employee or their family members.

Carryover and Payout

Unused paid sick leave must carry over to the next year, though employers can cap accrual at 80 hours. Upon termination, employees are entitled to payment for accrued, unused paid sick leave.

San Francisco Health Care Security Ordinance

Health Care Coverage Requirements

San Francisco requires employers with 20 or more employees to provide health care benefits or contribute to a health care fund. The minimum contribution is based on the number of hours worked and the size of the employer.

Employee Coverage

The ordinance covers employees who work 10 or more hours per week. Employers must provide health insurance meeting certain standards or contribute to the San Francisco Health Care Fund.

Employer Contributions

Employers must contribute at least $3.13 per hour worked for employees working 10+ hours per week (as of 2026, with annual adjustments). This can be satisfied by providing health insurance or by contributing to the health care fund.

San Francisco Fair Chance Ordinance (Ban the Box)

Background Checks in Hiring

San Francisco's Fair Chance Ordinance restricts employers from asking about criminal history early in the hiring process. Specifically, employers cannot ask applicants about prior arrests or convictions on job applications or during initial interviews.

Conditional Offers Only

Employers may only inquire about criminal history after extending a conditional offer of employment. If an employer wants to deny employment based on criminal history, the employer must provide the applicant with a written assessment explaining the business reasons for the denial and must allow the applicant to respond.

Protected Records

The ordinance protects applicants from discrimination based on arrests that did not result in conviction, convictions that have been dismissed or expunged, and certain other records.

San Francisco Family Friendly Workplace Ordinance

Lactation Accommodation

San Francisco requires employers to provide reasonable break time and space for employees to express breast milk. The space must be private and designated, separate from bathrooms.

Flexible Work Schedules

The ordinance encourages employers to allow flexible work arrangements, including variable schedules, reduced hours, and telecommuting, where feasible.

Parental Leave

San Francisco employees are entitled to paid parental leave under city ordinance, in addition to California's Paid Family Leave.

San Francisco Minimum Wage

Current Rate

San Francisco has a city minimum wage that is adjusted annually. The minimum wage applies to all employees working in San Francisco, regardless of employer size.

Tipped Employees

San Francisco does not allow a tip credit. All employees must be paid the full minimum wage, and tips cannot be considered as part of the wage requirement.

San Francisco Department of Labor Enforcement (OLSE)

Agency Role

The Office of Labor Standards Enforcement (OLSE) administers and enforces San Francisco employment ordinances. The department investigates complaints, conducts audits, and can impose penalties for violations.

Filing a Complaint

Employees can file complaints with OLSE without cost. OLSE will investigate the complaint and attempt to resolve disputes. OLSE can award back wages, penalties, and attorney's fees.

Statute of Limitations

Complaints to OLSE must generally be filed within 4 years of the alleged violation, though this may vary depending on the specific ordinance.

Conclusion

San Francisco's employment laws provide broad protections to workers in the City. Employers must comply with both California state law and San Francisco's ordinances. If you believe your San Francisco employment rights have been violated, contact OLSE or consult with an employment attorney.

This guide is provided for general informational and educational purposes only. It does not constitute legal advice. Consult a qualified attorney for advice regarding your particular circumstances.