Effective July 3, 2020, San Francisco’s Back-to-Work Emergency Ordinance (Emergency Ordinance) seeks to mitigate the economic harm for individuals who are unable to work due to the COVID-19 public health emergency by creating a temporary right to reemployment for certain employees laid off due to the coronavirus pandemic if their employer seeks to fill the same, or substantially similar, position previously held by a laid-off worker. The Emergency Ordinance also imposes written notice and record retention requirements on employers. The Emergency Ordinance expires on September 2, 2020 unless reenacted.
The Emergency Ordinance contains several key definitions that employers should refer to in order to determine whether any personnel action the employer is considering taking will be subject to the requirements therein. Of particular importance, the Emergency Ordinance defines Covered Layoff, Covered Employer and Eligible Employees as follows:
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