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(a) Subject to the limitations herein, before hiring new Employees or using contractors or a temporary services or staffing agency to perform work in a Formula Retail Establishment, an Employer shall first offer the additional work to existing Part-time Employee(s) if (1) the Part-time Employee(s) are qualified to do the additional work, as reasonably determined by the Employer and (2) the additional work is the same or similar to work the Employee(s) have performed for the Formula Retail Establishment. This Section 3300F.3 requires Employers to offer to Part-time Employees only the number of hours required to give the Employee 35 hours of work in a week.
(b) An Employer has discretion to divide the additional work hours among Part-time Employees consistent with this Section 3300F.3.
(c) A Part-time Employee may, but is not required to, accept the Employer's offer of additional work hours under this Section 3300F.3. The Employee shall have 72 hours to accept the additional hours, after which time the Employer may hire new Employees to work the additional hours. The 72 hours referred to in the previous sentence begins either when the Employee receives the written offer of additional hours or whenever the Employer posts the offer of additional hours described in subsection (d), whichever is later. An Employee who wishes to accept the additional hours must do so in writing.
(d) When this Section 3300F.3 requires an Employer to offer additional work hours to existing Part-time Employees, the Employer shall make the offer either in writing or by posting the offer in a conspicuous location in the workplace where notices to Employees are customarily posted. Employers are encouraged to post the electronic notice on their internal web sites in a conspicuous location. The employer shall retain each written offer no less than three years as required under Section 3300F.8.
(e) The requirements imposed by this Section 3300F.3 shall apply to Property Services Contractors as to work performed in San Francisco at a Formula Retail Establishment covered by this Article 33F, under a contract with an Employer. An Employer shall include in any such contract executed on or after the operative date of this Article 33F, (1) a provision requiring the Property Services Contractor to comply with this Section and (2) a copy of this Section. The Employer shall retain copies of such contracts for a period of not less than three years following the expiration or termination of the contract, and make such copies available to the Agency for inspection upon request. In addition, Sections 3300F.7, 3300F.8, 3300F.9, 3300F.10, 3300F.11, and 3300F.12 of this Article 33F shall apply to a Property Services Contractor as if it is an Employer for purposes of notice, record retention, compliance, investigation, and enforcement of the requirements of this Section 3300F.3.