Employers subject to San Francisco’s Fair Chance Ordinance or the Health Care Security Ordinance are required to submit the Employer Annual Report Form to the San Francisco Office of Labor Standards Enforcement (OLSE) by May 2, 2025. The Annual Report Form provides the OLSE with a snapshot of the employer’s compliance with these two San Francisco ordinances.

Employers who fail to submit the form by the deadline may incur a penalty of $500 per quarter.

Instructions and resources for employers required to report can be found on the OLSE’s website.

Fair Chance Ordinance

San Francisco’s Fair Chance Ordinance (FCO) applies to employers with five or more employees globally, as well as employers of any size who contract with the City and County of San Francisco. Similar to the State of California’s Fair Chance Act, the FCO prohibits covered employers from inquiring about arrest or conviction records from job applicants for positions requiring at least eight hours of work per week in San Francisco until a conditional offer of employment is made.

Additionally, the FCO restricts covered employers from considering certain facts during the application process, including an arrest that did not result in a conviction.

The annual reporting requirements include disclosing the number of employees hired to work in San Francisco in 2024, whether background checks were conducted on job applicants, and if any individuals with a conviction history were hired.

Health Care Security Ordinance

The Health Care Security Ordinance (HCSO) applies to private and non-profit employers who employ any individual in San Francisco and have twenty or more workers, or fifty or more in the case of non-profits, inside or outside of San Francisco. Under the HCSO, covered employers must spend a legally mandated minimum amount on healthcare for each employee working eight or more hours per week in San Francisco.

The reporting requirement includes disclosing the number of individuals employed each quarter of 2024, the number of employees covered by the HCSO in each of those quarters, the employer’s total spending on healthcare, and the types of healthcare coverage offered to employees.

Tags: Annual reporting, Fair Chance Ordinance, Health Care Security Ordinance, OLSE, San Francisco
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Photo of Donald P. Sullivan Donald P. Sullivan

Donald P. Sullivan is a principal in the San Francisco, California, office of Jackson Lewis P.C. Donald has more than 20 years of experience defending and counseling employers, as well as fiduciaries, sponsors, and insurers of employee benefit plans, in state and federal…

Donald P. Sullivan is a principal in the San Francisco, California, office of Jackson Lewis P.C. Donald has more than 20 years of experience defending and counseling employers, as well as fiduciaries, sponsors, and insurers of employee benefit plans, in state and federal courts and before state and federal agencies, including the United States Department of Labor, the Equal Employment Opportunity Commission, and California’s Industrial Relations and California Civil Rights Department.

In his employee benefits practice, Donald regularly advises and represents both pension and welfare benefit plans and their fiduciaries in class action and single-participant litigation. With respect to pension plans, Donald defends plans and fiduciaries against lawsuits alleging imprudent investments in employer securities, imprudent selection of investment options, excessive administrative fees, and entitlement to benefits. With respect to welfare plans, Donald defends plans, fiduciaries, and insurers of insured benefit plans in both ERISA and non-ERISA actions seeking the payment of short and long-term disability, life and medical benefits. Donald also frequently represents employee benefit plans and their fiduciaries in investigations conducted by the U.S. Department of Labor.

In his employment practice, Donald defends clients in cases alleging violations of the California Labor Code related to the payment of wages, as well as in lawsuits alleging discrimination on the basis of race, gender, age and disability in violation of California’s Fair Employment and Housing Act and federal statutes, including Title VII, the ADA, and the ADEA. He has extensive experience defending both single-plaintiff and class action ERISA and California wage and hour lawsuits. Integral to Donald’s practice are the privacy protections afforded to individuals under the Health Insurance Portability and Accountability Act (HIPAA).

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