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San Francisco, CA Employment Preemption: Worker Scheduling Preemption (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Advance notice required
14 days
Covered employer
40+ global locations
Ordinance
Ord. 270-14
Premium pay
1-4 hours per change

Summary

San Francisco's Formula Retail Employee Rights Ordinances (Police Code Art. 33G/33H, Ord. 270-14) require chain retailers and food-service formula businesses to post schedules 14 days in advance and pay predictability premiums for changes.

1475. (b) The council's purposes are to establish fast food restaurant minimum standards on wages, and develop fast food restaurant minimum standards on working hours, and other working conditions adequate to ensure and maintain the health, safety, and welfare of fast food restaurant workers... (d)(8) Nothing in this section shall be construed to permit the council to develop or promulgate regulations regarding predictable scheduling... (l) (1) No ordinance or regulation applicable to fast food restaurant employees that sets the amount of wages or salaries for fast food restaurant employees shall be enacted or enforced by any city, county, or city and county, including charter cities.

Source: San Francisco Municipal CodeView official code

Full Breakdown

Ordinance 270-14, codified at Police Code Articles 33G and 33H, applies to formula retail establishments with 40 or more locations worldwide and 20+ employees in San Francisco, including chain restaurants. Employers must post written schedules at least 14 days in advance, pay 1-4 hours of predictability pay for last-minute changes, offer additional hours to existing part-time staff before hiring, and provide equal treatment to part-time workers in wages and access to time off. On-call shifts that are cancelled within 24 hours trigger half-shift premium pay. OLSE investigates complaints and may impose civil penalties plus back wages.

Violations & Fines

Late schedule posting, unpaid predictability premiums, or hiring new staff before offering hours to existing part-timers exposes formula retailers to OLSE penalties and back-pay liability.

Frequently Asked Questions

Which businesses count as formula retail?
Chains with at least 40 locations worldwide that use standardized features like trademarks, decor, or uniforms. Independent local restaurants and small chains are not covered.
What if a worker requests the schedule change?
Employee-requested swaps and voluntary shift trades are exempt from predictability pay. Only employer-initiated changes within the 14-day window trigger premium compensation.

Sources & Official References

Other rules in San Francisco

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All San Francisco rules

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