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1 GIBSON, DUNN & CRUTCHER LLP
JOSHUA S. LIPSHUTZ, SBN 242557
2 jlipshutz@gibsondunn.com
VICTORIA WEATHERFORD, SBN 267499
ELECTRONICALLY
3 vweatherford@gibsondunn.com
NICHOLAS PARKER, SBN 297860 F I L E D
4 nparker@gibsondunn.com Superior Court of California,
County of San Francisco
555 Mission Street, Suite 3000
5 San Francisco, CA 94105-0921 08/17/2020
Telephone: 415.393.8200 Clerk of the Court
BY: SANDRA SCHIRO
6 Facsimile: 415.393.8306 Deputy Clerk
7 MICHAEL HOLECEK, SBN 281034
mholecek@gibsondunn.com
8 ANDREW WILHELM, SBN 302849
awilhelm@gibsondunn.com
9 333 South Grand Avenue
Los Angeles, CA 90071-3197
10 Telephone: 213.229.7000
Facsimile: 213.229.7520
11
Attorneys for Defendant DOORDASH, INC.
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13
SUPERIOR COURT OF THE STATE OF CALIFORNIA
14
COUNTY OF SAN FRANCISCO
15
CASE NO. CGC-20-584789
16 THE PEOPLE OF THE STATE OF
CALIFORNIA, DECLARATION OF JOSHUA LIPSHUTZ
17 IN SUPPORT OF DEFENDANT
Plaintiff, DOORDASH, INC.’S REQUEST FOR
18 JUDICIAL NOTICE IN SUPPORT OF
v. MOTION TO STRIKE PORTIONS OF
19 PLAINTIFF’S COMPLAINT
DOORDASH, INC., and DOES 1 through 10,
20 inclusive, Department 304
Honorable Judge Anne-Christine Massullo
21 Defendants.
Complaint Filed: June 16, 2020
22 Hearing Date: October 5, 2020
Hearing Time: 9:15 a.m.
23 Trial Date: None set
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Gibson, Dunn & DECLARATION OF JOSHUA LIPSHUTZ IN SUPPORT OF CASE NO. CGC-20-584789
Crutcher LLP
DEFENDANT DOORDASH, INC.’S REQUEST FOR JUDICIAL
NOTICE IN SUPPORT OF MOTION TO STRIKE
1 I, Joshua Lipshutz, declare as follows:
2 1. I am an attorney admitted to practice law before this Court and all Courts of the State
3 of California. I am a partner at the law firm of Gibson, Dunn & Crutcher LLP, counsel for Defendant
4 DoorDash, Inc. (“DoorDash”) in the above-captioned action. I offer this declaration in support of
5 DoorDash’s Request for Judicial Notice in support of DoorDash’s Motion to Strike. I have personal
6 knowledge of the facts set forth in this declaration (unless otherwise noted), and, if called to testify, I
7 could and would competently testify to them.
8 2. Attached hereto as Exhibit A is a true and correct copy of Section 12R.3 of the San
9 Francisco Administrative Code (the Minimum Wage Ordinance).
10 3. Attached hereto as Exhibit B is a true and correct copy of Rule 6 of the Rules
11 Implementing the San Francisco Paid Sick Leave Ordinance.
12 4. Attached hereto as Exhibit C is a true and correct copy of Section 14.1 of the San
13 Francisco Administrative Code (the Health Care Security Ordinance).
14 5. Attached hereto as Exhibit D is a true and correct copy of Section 3300H.3 of the San
15 Francisco Police Code (the Paid Parental Leave Ordinance).
16
17 I declare under penalty of perjury pursuant to the laws of the United States and the State of
18 California that the foregoing is true and correct.
19 Executed at Washington, D.C., on August 17, 2020.
20
21
Joshua Lipshutz
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Attorney for Defendant DoorDash, Inc.
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Gibson, Dunn & DECLARATION OF JOSHUA LIPSHUTZ IN SUPPORT OF CASE NO. CGC-20-584789
Crutcher LLP
DEFENDANT DOORDASH, INC.’S REQUEST FOR JUDICIAL
NOTICE IN SUPPORT OF MOTION TO STRIKE
EXHIBIT A
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SEC. 12R.3. DEFINITIONS.
As used in this Chapter, 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 12R.4 of this Chapter.
"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 by Proposition L, 11/4/2003; amended by Proposition J, 11/4/2014)
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EXHIBIT B
RULE 6: ALTERNATIVE & LIMITED SAN FRANCISCO WORK SCHEDULES
Interprets Section 12W.2(c)
Rule 6.1. Employees who live in San Francisco and perform work for an employer from home,
including telecommuting, are covered by the Ordinance for all hours that they perform work
from home. However, pursuant to Rule 6.3, this rule applies only if the employee performs 56 or
more hours of work in San Francisco within a calendar year.
Rule 6.2. Employees who work outside of San Francisco and who travel through San Francisco,
but do not stop in the City, are not covered by the Ordinance. Employees who travel through San
Francisco, but stop in the City to work (for example, to make pickups or deliveries), are covered
by the Ordinance for all hours worked in the city, including travel within the city to and from the
work site(s). However, pursuant to Rule 6.3, this rule applies only if the employee performs 56 or
more hours of work in San Francisco within a calendar year.
Rule 6.3. Employees who perform work in San Francisco are covered by the Ordinance only if
they perform 56 or more hours of work in San Francisco within a calendar year.
OLSE Paid Sick Leave Proposed Rules
Published May 7, 2018 7
EXHIBIT C
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SEC. 14.1. SHORT TITLE; DEFINITIONS.
(a) Short Title. This Chapter shall be known and may be cited as the "San Francisco Health Care Security
Ordinance."
(b) Definitions. For purposes of this Chapter, the following terms shall have the following meanings:
"City" means the City and County of San Francisco.
"Covered Employee" means any person who works in the City where such person qualifies as an employee
entitled to payment of a minimum wage from an Employer under the Minimum Wage Ordinance, Chapter 12R
of the Administrative Code, and has performed work for compensation for his or her Employer for ninety (90)
calendar days, provided, however, that:
(1) "At least eight (8) hours" shall be substituted for "at least two (2) hours" where such term appears in
Section 12R.3(a);
(2) The term "Covered Employee" shall not include persons who are managerial, supervisorial, or
confidential employees, unless such employees earn annually under $88,212 in 2014 and, for subsequent years,
the figure as set by the administering agency;
(3) The term "Covered Employee" shall not include those persons who are eligible to receive benefits under
Medicare or TRICARE/CHAMPUS;
(4) The term "Covered Employee" shall not include those persons who are "Covered Employees" as defined
in Section 12Q.2.9 of the Health Care Accountability Ordinance, Chapter 12Q of the Administrative Code, if the
Employer meets the requirements set forth in Section 12Q.3 for those employees; and
(5) The term "Covered Employee" shall not include those persons who are employed by a nonprofit
corporation for up to one year as trainees in a bona fide training program consistent with Federal law, which
training program enables the trainee to advance into a permanent position, provided that the trainee does not
replace, displace, or lower the wage or benefits of any existing position or employee.
(6) Nor shall the term "Covered Employee" include those persons whose Employers verify that they are
receiving Health Care Services through another Employer, either as an employee or by virtue of being the
spouse, domestic partner, child, or other dependent of another person; provided that the Employer obtains from
those persons a voluntary written waiver of the Health Care Expenditure requirements of this Chapter and that
such waiver is revocable by those persons at any time.
"Covered Employer" means any Medium-sized or Large Business as defined below engaging in business
within the City that is required to obtain a valid San Francisco business registration certificate from the San
Francisco Tax Collector's office or, in the case of a nonprofit corporation, an Employer for which an average of
fifty (50) or more persons per week perform work for compensation during a quarter. Small Businesses are not
Covered Employers and are exempt from the health care spending requirements under Section 14.3.
"Employer" means an employing unit as defined in Section 135 of the California Unemployment Insurance
Code or any Person defined in Section 18 of the California Labor Code. "Employer" shall include all members
of a "controlled group of corporations" as defined in Section 1563(a) of the United States Internal Revenue
Code, and the determination shall be made without regard to Sections 1563(a)(4) and 1563(e)(3)(C) of the
Internal Revenue Code.
"Employer Spending Requirement" means the sum total of Required Health Care Expenditures that a
Covered Employer must make for all of its Covered Employees.
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"Health Access Program" means a public health benefit program administered by the Department of Public
Health; comprised of Healthy San Francisco and Medical Reimbursement Accounts; and intended to increase
every participant's access to Health Care Services.
"Health Care Expenditure" means an amount paid by a Covered Employer to a Covered Employee or a
trustee or a third party on behalf of a Covered Employee for the purpose of providing or reimbursing the cost of
Health Care Services for Covered Employees and/or their spouses, domestic partners. children. or other
dependents. "Health Care Expenditure" also means an amount paid by a Covered Employer to the City on behalf
of a Covered Employee to establish his or her eligibility to participate in the Health Access Program in the
manner and according to the terms set by the Department of Public Health. "Health Care Expenditure" shall not
include any amount otherwise required to be paid by Federal, State, or local law.
"Health Care Expenditure Rate" means the amount of Health Care Expenditure that a Covered Employer
shall be required to make for each Hour Payable for each of its Covered Employees. The Health Care
Expenditure Rate shall be determined annually based on the "average contribution" for a full-time employee to
the City Health Service System pursuant to Section A8.423 of the San Francisco Charter based on the annual ten
county survey amount for the applicable fiscal year, with such average contribution prorated on an hourly basis
by dividing the monthly average contribution by one hundred seventy-two (172) (the number of hours worked in
a month by a full-time employee). The Health Care Expenditure Rate shall be seventy-five percent (75%) of the
annual ten county survey amount for the applicable calendar year for Large Businesses and fifty percent (50%)
for Medium-sized Businesses.
"Health Care Services" means medical care, services, or goods that may qualify as tax deductible medical
care expenses under Section 213 of the Internal Revenue Code, or medical care, services, or goods having
substantially the same purpose or effect as such deductible expenses.
"Healthy San Francisco" means a Department of Public Health program to provide health care for uninsured
San Francisco residents who meet the eligibility criteria established by the Department of Public Health.
"Hour Payable" or "Hours Payable" means a work hour or work hours for which a person is paid wages or is
entitled to be paid wages for work performed within the City, including paid vacation hours and paid sick leave
hours, but not exceeding 172 hours in a single month, and without regard to the date such wages are actually
paid. For salaried persons, "Hours Payable" shall be calculated based on a 40-hour work week for a full-time
employee. "Hours Payable" does not include hours worked prior to the first day of the calendar month that
begins on or after the date that is ninety (90) calendar days after the date of hire.
"Irrevocable Health Care Expenditure" or "Irrevocable Expenditure" means any amount of Health Care
Expenditure that has not been retained by and cannot at any time be recovered by or returned to the Covered
Employer.
"Large Business" means an Employer for which an average of one hundred (100) or more persons per week
perform work for compensation during a quarter.
"Medical Reimbursement Account" means a public health benefit administered by the Department of Public
Health, funded in whole or in part by Health Care Expenditures made by Covered Employers to the City under
Section 14.3, from which eligible Covered Employees may obtain reimbursement for Health Care Services as
determined by the Department of Public Health.
"Medium-sized Business" means an Employer for which an average of between twenty (20) and ninety-nine
(99) persons per week perform work for compensation during a quarter.
"OLSE" means the Office of Labor Standards Enforcement or any successor City entity charged with
enforcing the obligations of Employers under this Chapter.
"Person" means any natural person, corporation, sole proprietorship, partnership, association, joint venture,
limited liability company, or other legal entity.
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"Required Health Care Expenditure" means the Health Care Expenditure that a Covered Employer is
required to make to or on behalf of a Covered Employee.
"Revocable Health Care Expenditure" or "Revocable Expenditure" means any amount of Health Care
Expenditure that has been allocated for use by a Covered Employee but retained by the Covered Employer, or
any amount that has been paid to a trustee or third party but that may at some time be recovered by or returned to
the Covered Employer.
"Small Business" means an Employer for which an average of fewer than twenty (20) persons per week
perform work for compensation during a quarter.
(Added by Ord. 218-06, File No. 051919, App. 8/4/2006; amended by Ord. 69-07, File No. 070255, App. 4/2/2007; Ord. 232-11, File No.
111030, App. 11/22/2011, Eff. 12/22/2011, Oper. 1/1/2012; Ord. 99-14, File No. 140317, App. 6/26/2014, Eff. 7/26/2014)
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EXHIBIT D
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SEC. 3300H.3. DEFINITIONS.
For purposes of this Article 33H, the following definitions apply:
“Agency” means the Office of Labor Standards Enforcement or any successor department or office.
“California Paid Family Leave” means the State of California’s partial wage replacement insurance plan for
paid family leave codified at California Unemployment Insurance Code, Division 1, Part 2, Chapter 7
(commencing with Section 3300), as that law may be amended from time to time with respect to eligibility for,
duration of, or amount of paid family leave compensation, or any other matter pertaining to paid family leave
under that law.
“City” means the City and County of San Francisco.
“Covered Employee” means any person, including but not limited to part-time and temporary employees, who
is employed by a Covered Employer (1) who commenced employment with the Covered Employer at least 180
days prior to the start of the leave period, (2) who performs at least eight hours of work per week for the
employer within the geographic boundaries of the City, (3) at least 40% of whose total weekly hours worked for
the employer are within the geographic boundaries of the City, and (4) who is eligible to receive paid family
leave compensation from the State of California under the California Paid Family Leave law for the purpose of
bonding with a new child. Where a person’s weekly work hours fluctuate from week to week, the Agency shall
determine whether the person meets the eight-hour and/or 40% threshold requirements in the preceding sentence
by using an average of the person’s weekly hours worked for the Covered Employer during the three monthly
pay periods, six bi-weekly or semi-monthly pay periods, or 12 weekly pay periods immediately preceding the
start of the person’s California Paid Family Leave period. If the person was on leave during any of the
aforementioned pay periods, such pay period(s) shall not be counted towards the average referenced in the
preceding sentence; rather, the Agency shall consider additional earlier corresponding pay periods for that
person in order to satisfy the above designated number of pay periods, but in no case shall the Agency, in
calculating the average, consider pay periods earlier than 26 weeks prior to the California Paid Family Leave
period.
“Covered Employer” 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 or exercises control
over the wages, hours, or working conditions of an employee and who regularly employs the following number
of employees, regardless of location: (1) commencing with January 1, 2017, 50 or more employees; (2)
commencing with July 1, 2017, 35 or more employees; and (3) commencing with January 1, 2018, 20 or more
employees. Covered Employer shall not include the City or any other governmental entity.
“New Child Bonding” means bonding with the Covered Employee’s minor child during the first year after the
birth of the child or after placement of the child with the Covered Employee through foster care or adoption, per
Section 3301 of the California Unemployment Insurance Code.
“State” means the State of California, including the State of California Employment Development Department.
“Supplemental Compensation” means a Covered Employer’s obligation to pay a Covered Employee’s partial
weekly salary in accordance with Section 3300H.4.
(Added by Ord. 54-16, File No. 160065, App. 4/21/2016, Eff. 5/21/2016, Oper. 1/1/2017; amended by Ord. 181-16, File No. 160719, App.
9/14/2016, Eff. 10/14/2016)
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1 GIBSON, DUNN & CRUTCHER LLP JOSHUA S. LIPSHUTZ, SBN 242557 2 jlipshutz@gibsondunn.com VICTORIA WEATHERFORD, SBN 267499 ELECTRONICALLY 3 vweatherford@gibsondunn.com NICHOLAS PARKER, SBN 297860 F I L E D 4 nparker@gibsondunn.com Superior Court of California, County of San Francisco 555 Mission Street, Suite 3000 5 San Francisco, CA 94105-0921 08/17/2020 Telephone: 415.393.8200 Clerk of the Court BY: SANDRA SCHIRO 6 Facsimile: 415.393.8306 Deputy Clerk 7 MICHAEL HOLECEK, SBN 281034 mholecek@gibsondunn.com 8 ANDREW WILHELM, SBN 302849 awilhelm@gibsondunn.com 9 333 South Grand Avenue Los Angeles, CA 90071-3197 10 Telephone: 213.229.7000 Facsimile: 213.229.7520 11 Attorneys for Defendant DOORDASH, INC. 12 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF SAN FRANCISCO 15 CASE NO. CGC-20-584789 16 THE PEOPLE OF THE STATE OF CALIFORNIA, DECLARATION OF JOSHUA LIPSHUTZ 17 IN SUPPORT OF DEFENDANT Plaintiff, DOORDASH, INC.’S REQUEST FOR 18 JUDICIAL NOTICE IN SUPPORT OF v. MOTION TO STRIKE PORTIONS OF 19 PLAINTIFF’S COMPLAINT DOORDASH, INC., and DOES 1 through 10, 20 inclusive, Department 304 Honorable Judge Anne-Christine Massullo 21 Defendants. Complaint Filed: June 16, 2020 22 Hearing Date: October 5, 2020 Hearing Time: 9:15 a.m. 23 Trial Date: None set 24 25 26 27 28 Gibson, Dunn & DECLARATION OF JOSHUA LIPSHUTZ IN SUPPORT OF CASE NO. CGC-20-584789 Crutcher LLP DEFENDANT DOORDASH, INC.’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE 1 I, Joshua Lipshutz, declare as follows: 2 1. I am an attorney admitted to practice law before this Court and all Courts of the State 3 of California. I am a partner at the law firm of Gibson, Dunn & Crutcher LLP, counsel for Defendant 4 DoorDash, Inc. (“DoorDash”) in the above-captioned action. I offer this declaration in support of 5 DoorDash’s Request for Judicial Notice in support of DoorDash’s Motion to Strike. I have personal 6 knowledge of the facts set forth in this declaration (unless otherwise noted), and, if called to testify, I 7 could and would competently testify to them. 8 2. Attached hereto as Exhibit A is a true and correct copy of Section 12R.3 of the San 9 Francisco Administrative Code (the Minimum Wage Ordinance). 10 3. Attached hereto as Exhibit B is a true and correct copy of Rule 6 of the Rules 11 Implementing the San Francisco Paid Sick Leave Ordinance. 12 4. Attached hereto as Exhibit C is a true and correct copy of Section 14.1 of the San 13 Francisco Administrative Code (the Health Care Security Ordinance). 14 5. Attached hereto as Exhibit D is a true and correct copy of Section 3300H.3 of the San 15 Francisco Police Code (the Paid Parental Leave Ordinance). 16 17 I declare under penalty of perjury pursuant to the laws of the United States and the State of 18 California that the foregoing is true and correct. 19 Executed at Washington, D.C., on August 17, 2020. 20 21 Joshua Lipshutz 22 Attorney for Defendant DoorDash, Inc. 23 24 25 26 27 28 1 Gibson, Dunn & DECLARATION OF JOSHUA LIPSHUTZ IN SUPPORT OF CASE NO. CGC-20-584789 Crutcher LLP DEFENDANT DOORDASH, INC.’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE EXHIBIT A 8/17/2020 https://export.amlegal.com/api/export-requests/bffc3021-084f-4c07-bb90-129f6b1f9cb9/download/ SEC. 12R.3. DEFINITIONS. As used in this Chapter, 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 12R.4 of this Chapter. "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 by Proposition L, 11/4/2003; amended by Proposition J, 11/4/2014) https://export.amlegal.com/api/export-requests/bffc3021-084f-4c07-bb90-129f6b1f9cb9/download/ 1/1 EXHIBIT B RULE 6: ALTERNATIVE & LIMITED SAN FRANCISCO WORK SCHEDULES Interprets Section 12W.2(c) Rule 6.1. Employees who live in San Francisco and perform work for an employer from home, including telecommuting, are covered by the Ordinance for all hours that they perform work from home. However, pursuant to Rule 6.3, this rule applies only if the employee performs 56 or more hours of work in San Francisco within a calendar year. Rule 6.2. Employees who work outside of San Francisco and who travel through San Francisco, but do not stop in the City, are not covered by the Ordinance. Employees who travel through San Francisco, but stop in the City to work (for example, to make pickups or deliveries), are covered by the Ordinance for all hours worked in the city, including travel within the city to and from the work site(s). However, pursuant to Rule 6.3, this rule applies only if the employee performs 56 or more hours of work in San Francisco within a calendar year. Rule 6.3. Employees who perform work in San Francisco are covered by the Ordinance only if they perform 56 or more hours of work in San Francisco within a calendar year. OLSE Paid Sick Leave Proposed Rules Published May 7, 2018 7 EXHIBIT C 8/17/2020 https://export.amlegal.com/api/export-requests/0b250426-1666-46bb-bda5-c64fc50bbaae/download/ SEC. 14.1. SHORT TITLE; DEFINITIONS. (a) Short Title. This Chapter shall be known and may be cited as the "San Francisco Health Care Security Ordinance." (b) Definitions. For purposes of this Chapter, the following terms shall have the following meanings: "City" means the City and County of San Francisco. "Covered Employee" means any person who works in the City where such person qualifies as an employee entitled to payment of a minimum wage from an Employer under the Minimum Wage Ordinance, Chapter 12R of the Administrative Code, and has performed work for compensation for his or her Employer for ninety (90) calendar days, provided, however, that: (1) "At least eight (8) hours" shall be substituted for "at least two (2) hours" where such term appears in Section 12R.3(a); (2) The term "Covered Employee" shall not include persons who are managerial, supervisorial, or confidential employees, unless such employees earn annually under $88,212 in 2014 and, for subsequent years, the figure as set by the administering agency; (3) The term "Covered Employee" shall not include those persons who are eligible to receive benefits under Medicare or TRICARE/CHAMPUS; (4) The term "Covered Employee" shall not include those persons who are "Covered Employees" as defined in Section 12Q.2.9 of the Health Care Accountability Ordinance, Chapter 12Q of the Administrative Code, if the Employer meets the requirements set forth in Section 12Q.3 for those employees; and (5) The term "Covered Employee" shall not include those persons who are employed by a nonprofit corporation for up to one year as trainees in a bona fide training program consistent with Federal law, which training program enables the trainee to advance into a permanent position, provided that the trainee does not replace, displace, or lower the wage or benefits of any existing position or employee. (6) Nor shall the term "Covered Employee" include those persons whose Employers verify that they are receiving Health Care Services through another Employer, either as an employee or by virtue of being the spouse, domestic partner, child, or other dependent of another person; provided that the Employer obtains from those persons a voluntary written waiver of the Health Care Expenditure requirements of this Chapter and that such waiver is revocable by those persons at any time. "Covered Employer" means any Medium-sized or Large Business as defined below engaging in business within the City that is required to obtain a valid San Francisco business registration certificate from the San Francisco Tax Collector's office or, in the case of a nonprofit corporation, an Employer for which an average of fifty (50) or more persons per week perform work for compensation during a quarter. Small Businesses are not Covered Employers and are exempt from the health care spending requirements under Section 14.3. "Employer" means an employing unit as defined in Section 135 of the California Unemployment Insurance Code or any Person defined in Section 18 of the California Labor Code. "Employer" shall include all members of a "controlled group of corporations" as defined in Section 1563(a) of the United States Internal Revenue Code, and the determination shall be made without regard to Sections 1563(a)(4) and 1563(e)(3)(C) of the Internal Revenue Code. "Employer Spending Requirement" means the sum total of Required Health Care Expenditures that a Covered Employer must make for all of its Covered Employees. https://export.amlegal.com/api/export-requests/0b250426-1666-46bb-bda5-c64fc50bbaae/download/ 1/3 8/17/2020 https://export.amlegal.com/api/export-requests/0b250426-1666-46bb-bda5-c64fc50bbaae/download/ "Health Access Program" means a public health benefit program administered by the Department of Public Health; comprised of Healthy San Francisco and Medical Reimbursement Accounts; and intended to increase every participant's access to Health Care Services. "Health Care Expenditure" means an amount paid by a Covered Employer to a Covered Employee or a trustee or a third party on behalf of a Covered Employee for the purpose of providing or reimbursing the cost of Health Care Services for Covered Employees and/or their spouses, domestic partners. children. or other dependents. "Health Care Expenditure" also means an amount paid by a Covered Employer to the City on behalf of a Covered Employee to establish his or her eligibility to participate in the Health Access Program in the manner and according to the terms set by the Department of Public Health. "Health Care Expenditure" shall not include any amount otherwise required to be paid by Federal, State, or local law. "Health Care Expenditure Rate" means the amount of Health Care Expenditure that a Covered Employer shall be required to make for each Hour Payable for each of its Covered Employees. The Health Care Expenditure Rate shall be determined annually based on the "average contribution" for a full-time employee to the City Health Service System pursuant to Section A8.423 of the San Francisco Charter based on the annual ten county survey amount for the applicable fiscal year, with such average contribution prorated on an hourly basis by dividing the monthly average contribution by one hundred seventy-two (172) (the number of hours worked in a month by a full-time employee). The Health Care Expenditure Rate shall be seventy-five percent (75%) of the annual ten county survey amount for the applicable calendar year for Large Businesses and fifty percent (50%) for Medium-sized Businesses. "Health Care Services" means medical care, services, or goods that may qualify as tax deductible medical care expenses under Section 213 of the Internal Revenue Code, or medical care, services, or goods having substantially the same purpose or effect as such deductible expenses. "Healthy San Francisco" means a Department of Public Health program to provide health care for uninsured San Francisco residents who meet the eligibility criteria established by the Department of Public Health. "Hour Payable" or "Hours Payable" means a work hour or work hours for which a person is paid wages or is entitled to be paid wages for work performed within the City, including paid vacation hours and paid sick leave hours, but not exceeding 172 hours in a single month, and without regard to the date such wages are actually paid. For salaried persons, "Hours Payable" shall be calculated based on a 40-hour work week for a full-time employee. "Hours Payable" does not include hours worked prior to the first day of the calendar month that begins on or after the date that is ninety (90) calendar days after the date of hire. "Irrevocable Health Care Expenditure" or "Irrevocable Expenditure" means any amount of Health Care Expenditure that has not been retained by and cannot at any time be recovered by or returned to the Covered Employer. "Large Business" means an Employer for which an average of one hundred (100) or more persons per week perform work for compensation during a quarter. "Medical Reimbursement Account" means a public health benefit administered by the Department of Public Health, funded in whole or in part by Health Care Expenditures made by Covered Employers to the City under Section 14.3, from which eligible Covered Employees may obtain reimbursement for Health Care Services as determined by the Department of Public Health. "Medium-sized Business" means an Employer for which an average of between twenty (20) and ninety-nine (99) persons per week perform work for compensation during a quarter. "OLSE" means the Office of Labor Standards Enforcement or any successor City entity charged with enforcing the obligations of Employers under this Chapter. "Person" means any natural person, corporation, sole proprietorship, partnership, association, joint venture, limited liability company, or other legal entity. https://export.amlegal.com/api/export-requests/0b250426-1666-46bb-bda5-c64fc50bbaae/download/ 2/3 8/17/2020 https://export.amlegal.com/api/export-requests/0b250426-1666-46bb-bda5-c64fc50bbaae/download/ "Required Health Care Expenditure" means the Health Care Expenditure that a Covered Employer is required to make to or on behalf of a Covered Employee. "Revocable Health Care Expenditure" or "Revocable Expenditure" means any amount of Health Care Expenditure that has been allocated for use by a Covered Employee but retained by the Covered Employer, or any amount that has been paid to a trustee or third party but that may at some time be recovered by or returned to the Covered Employer. "Small Business" means an Employer for which an average of fewer than twenty (20) persons per week perform work for compensation during a quarter. (Added by Ord. 218-06, File No. 051919, App. 8/4/2006; amended by Ord. 69-07, File No. 070255, App. 4/2/2007; Ord. 232-11, File No. 111030, App. 11/22/2011, Eff. 12/22/2011, Oper. 1/1/2012; Ord. 99-14, File No. 140317, App. 6/26/2014, Eff. 7/26/2014) https://export.amlegal.com/api/export-requests/0b250426-1666-46bb-bda5-c64fc50bbaae/download/ 3/3 EXHIBIT D 8/17/2020 https://export.amlegal.com/api/export-requests/17b2f776-1973-40ac-9b60-e88790a1ace7/download/ SEC. 3300H.3. DEFINITIONS. For purposes of this Article 33H, the following definitions apply: “Agency” means the Office of Labor Standards Enforcement or any successor department or office. “California Paid Family Leave” means the State of California’s partial wage replacement insurance plan for paid family leave codified at California Unemployment Insurance Code, Division 1, Part 2, Chapter 7 (commencing with Section 3300), as that law may be amended from time to time with respect to eligibility for, duration of, or amount of paid family leave compensation, or any other matter pertaining to paid family leave under that law. “City” means the City and County of San Francisco. “Covered Employee” means any person, including but not limited to part-time and temporary employees, who is employed by a Covered Employer (1) who commenced employment with the Covered Employer at least 180 days prior to the start of the leave period, (2) who performs at least eight hours of work per week for the employer within the geographic boundaries of the City, (3) at least 40% of whose total weekly hours worked for the employer are within the geographic boundaries of the City, and (4) who is eligible to receive paid family leave compensation from the State of California under the California Paid Family Leave law for the purpose of bonding with a new child. Where a person’s weekly work hours fluctuate from week to week, the Agency shall determine whether the person meets the eight-hour and/or 40% threshold requirements in the preceding sentence by using an average of the person’s weekly hours worked for the Covered Employer during the three monthly pay periods, six bi-weekly or semi-monthly pay periods, or 12 weekly pay periods immediately preceding the start of the person’s California Paid Family Leave period. If the person was on leave during any of the aforementioned pay periods, such pay period(s) shall not be counted towards the average referenced in the preceding sentence; rather, the Agency shall consider additional earlier corresponding pay periods for that person in order to satisfy the above designated number of pay periods, but in no case shall the Agency, in calculating the average, consider pay periods earlier than 26 weeks prior to the California Paid Family Leave period. “Covered Employer” 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 or exercises control over the wages, hours, or working conditions of an employee and who regularly employs the following number of employees, regardless of location: (1) commencing with January 1, 2017, 50 or more employees; (2) commencing with July 1, 2017, 35 or more employees; and (3) commencing with January 1, 2018, 20 or more employees. Covered Employer shall not include the City or any other governmental entity. “New Child Bonding” means bonding with the Covered Employee’s minor child during the first year after the birth of the child or after placement of the child with the Covered Employee through foster care or adoption, per Section 3301 of the California Unemployment Insurance Code. “State” means the State of California, including the State of California Employment Development Department. “Supplemental Compensation” means a Covered Employer’s obligation to pay a Covered Employee’s partial weekly salary in accordance with Section 3300H.4. (Added by Ord. 54-16, File No. 160065, App. 4/21/2016, Eff. 5/21/2016, Oper. 1/1/2017; amended by Ord. 181-16, File No. 160719, App. 9/14/2016, Eff. 10/14/2016) https://export.amlegal.com/api/export-requests/17b2f776-1973-40ac-9b60-e88790a1ace7/download/ 1/1