New “Opportunity to Work” Ordinance

Effective March 13, 2017, the City of San Jose’s Opportunity to Work Ordinance requires employers with 36 or more employees to offer additional work hours to existing, qualified part-time employees before hiring new employees, including subcontractors and use of temporary staffing services. The ordinance does not cover employees that are exempt from overtime, nor does it require employers to provide additional hours to employees that would put them into overtime.

Small businesses with 35 or fewer employees are exempt from this ordinance. The number of employees for chain businesses or franchises is determined by counting the total number of part-time and full-time employees for all locations, whether the branches are located in the City of San Jose or not. Employers do not need to offer additional hours that become available at one location to employees at other locations.

According to the City’s Frequently Asked Questions, employers are required to post a notice about this ordinance in English, Spanish, Vietnamese and Cantonese.

Available employee remedies include the right to sue for additional work hours; award of back wages; civil penalties of $50 per day; and reasonable attorneys’ fees and costs.

Additionally, employers must maintain certain records for no less than four years, including documentation of additional work hours offered to existing personnel, and employee work schedules. See the ordinance for more details.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

Cindy Bamforth

April 26, 2017