Information on San Jose's Opportunity to Work Ordinance

from the City of San Jose:

OPPORTUNITY TO WORK ORDINANCE EFFECTIVE MARCH 13, 2017

The San José Opportunity to Work Ordinance, an Initiative Ordinance on the November 2016 General Election ballot, was approved by a majority of San José voters and goes into effect on March 13, 2017.

The Ordinance requires employers with 36 or more employees and who are subject to the San José Business Tax or who maintain a facility in San Jose, to offer additional work hours to existing qualified part-time employees before hiring new employees, including subcontractors or the use of temporary staffing services.  

Covered employers will be required to post notices in the workplace informing employees of their rights as well as maintain work schedules, employment and payroll records, and copies of written offers to current and former part-time employees for additional work hours for no less than four years. 

Employers can apply for a hardship exemption in 12-month increments if the employer demonstrates they have taken all reasonable steps to comply with the Ordinance and full and immediate compliance would be impracticable, impossible or futile.

RESOURCES

  1. Steps on how to stay compliant can be found here.

  2. Official FAQs can be found here.

  3. Application for hardship exemption can be found here.

  4. Ordinance language can be found here.

  5. Contact for City's Office of Equality Assurance: 408-535-8430 or email here.