Effective March 13, 2017, San Jose's Opportunity to Work Ordinance, requires San Jose employers, who employ 36 or more employees and who are subject to San Jose Business License Tax or who maintain a facility in San Jose, to offer additional work hours to existing qualified part-time employees before hiring new employees.
Notice Requirements - Employers must display a poster describing the law (see attached) in location(s) where employees can ready easily. Visit www.sanjoseca.gov to download the required poster in any language spoken by more than five percent of your employees
Record Retention Requirements
- Employers must maintain personnel records, along with records of new hire and proof that the hours scheduled for new hire were first offered to existing part-time employees, for at least four years
Violation of Work Ordinance
- Initial violation will result in issuance of a warning, without any penalty or administrative proceedings. However, subsequent violation may result in fines of up to $50 per day per employee, administrative proceedings that may result in up to $2,500 per day per ongoing violation, and up to $100,000 for any related series of violations, not including administrative costs.
- It is unlawful for an employer to retaliate against employee who assert their right to be offered additional work hours under the Work Ordinance. There is a rebuttable presumption of retaliation if any adverse employment action is taken within 90 days of the employee exercising a right protected under the Work Ordinance.
To view the official poster and FAQ, click