For purposes of this Article 12, the following definitions apply.
“Agency” means the Office of Labor Standards Enforcement.
“City” means the City and County of San Francisco.
“Domestic Worker” means an individual who is employed by or contracts with a Hiring Entity to provide labor or services in a residence caring for a child; serving as a companion or providing other non-medical care or services for a sick, convalescing, disabled, or senior person; cleaning, cooking, providing food or butler service, gardening, personal organizing, or performing other in-home personal or domestic service. Domestic Worker includes an individual who as part of the individual’s employment or other work contract resides in the personal residence of the Hiring Entity.
Notwithstanding the foregoing definition, Domestic Worker does not include:
(a) An individual providing labor or services for a family member, meaning a spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, parent-in-law, child-in-law, stepparent, stepchild, stepsibling, or half-sibling, whether the individual is related by blood, marriage, or adoption;
(b) An individual primarily engaged in house sitting, pet sitting, or dog walking;
(c) An individual working at a business operated primarily out of the person’s own residence, such as a home day-care business;
(d) An individual whose primary work involves household repair or maintenance, such as a roofer, plumber, mason, painter, or other similar contractor;
(e) A home health care worker for work that is paid through public funds, such as a home health care worker while paid through Medicaid or Medicare;
(f) An individual under 18 years of age; or
(g) An individual who does not regularly perform work for the Hiring Entity. An individual who performs an average of five hours or more per month shall be presumed to be a Domestic Worker.
“Hiring Entity” means any person, as defined in Section 18 of the California Labor Code, including corporate officers or executives, who directly or indirectly or through an agent or any other person, including through the services of a temporary services or staffing agency or similar entity, employs, contracts with, or hires a Domestic Worker.
“Implementation Date” means one year after the effective date of the ordinance in Board File No. 211132 establishing this Article 12.
“OEWD” means the Office of Economic and Workforce Development.
“PSL” means paid sick leave.