As used in this Article, the following capitalized terms shall have the following meanings:
“Agency” shall mean the Office of Labor Standards Enforcement or its successor agency.
“City” shall mean the City and County of San Francisco.
“Employee” shall mean any person who:
(a) In a particular week performs at least two (2) hours of work for an Employer within the geographic boundaries of the City; and
(b) Qualifies as an employee entitled to payment of a minimum wage from any employer under the California minimum wage law, as provided under Section 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission, or is a participant in a Welfare-to-Work Program.
“Employer” shall mean 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 any other person, including through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours or working conditions of any Employee. “Employer” shall include the City and the San Francisco In-Home Supportive Services Public Authority.
“Government Supported Employee” shall mean any Employee who is: (1) under the age of 18 and is employed as an after-school or summer Employee in a bona fide training or apprenticeship program in a position that is subsidized by the federal, state, or local government; or (2) over the age 55 and is employed by a Non-Profit Corporation that provides social welfare services as a core mission to individuals who are over the age of 55 and is in a position that is subsidized by federal, state, or local government. The second category shall apply only to Non-Profit Corporations operating as of January 1, 2015, and apply only as to the number of employees over the age of 55 holding positions in the Corporation as of January 1, 2015 that are subsidized by federal, state, or local government, plus 25% of that number. Any employees hired by a Non-Profit Corporation after January 1, 2015 that exceed the numerical threshold in the prior sentence (including the additional 25%) shall not qualify as “Government Supported Employees.” If at any time the number of employees over the age of 55 holding positions in the Corporation that are subsidized by federal, state, or local government falls below that numerical threshold (including the additional 25%), then those positions shall qualify as “Government Supported Employee” positions.
“Minimum Wage” shall have the meaning set forth in Section 1.4 of this Article.
“Nonprofit Corporation” shall mean a nonprofit corporation, duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation and (if a foreign corporation) in good standing under the laws of the State of California, which corporation has established and maintains valid nonprofit status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended, and all rules and regulations promulgated under such Section.
“Welfare-to-Work Program” shall mean the City’s CalWORKS Program, County Adult Assistance Program (CAAP) which includes the Personal Assisted Employment Services (PAES) Program, and General Assistance Program, and any successor programs that are substantially similar to them.
(Added as Administrative Code Sec. 12R.3 by Proposition L, 11/4/2003; amended by Proposition J, 11/4/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)