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April 17, 2012 | Law Alert

ALERT – SF Health Care Security Ordinance Annual Reporting Deadline is April 30, 2012

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The San Francisco Health Care Security Ordinance (HCSO) requires medium and large-sized employers to spend a minimum amount per hour on healthcare for their employees who work in San Francisco.  To ensure compliance, the San Francisco Office of Labor Standards Enforcement annually collects information regarding each employer’s health care expenditures.  All employers in San Francisco with 20 or more employees in 2011 (regardless of the employees’ location) must complete the Health Care Security Ordinance Annual Reporting Form by April 30, 2012.

This form may be completed on-line at:  Instructions are also available on-line at:

Failure to complete this form will result in a $500 penalty, per quarter.

Employers that are not covered under the HCSO, and that are not required to report, include:

Private employers with fewer than 20 persons
(including those employed outside of San Francisco) in each of the four
calendar quarters of 2011;

  • Non-profit corporations with fewer than 50 persons (including those employed outside of San Francisco) in each of the four calendar quarters of 2011;
  • Employers with no employees in San Francisco during 2011.

Quarterly information regarding health care expenditures for all “covered employees” must be provided.  “Covered employees” are those that:

  • Qualified as employees entitled to payment of the San Francisco minimum wage (pursuant to the Minimum Wage Ordinance, Chapter 12R of the San Francisco Administrative Code);
  • Were employed by your business for 90 calendar days after his or her first day of work (including any period of leave to which an employee is legally entitled); and
  • Regularly performed at least 8 hours of work per week for your business within the geographic boundaries of San Francisco. For an employee without a regular schedule, you may average his or her hours over the 13 weeks in the quarter.

There are several categories of employees that are exempt from the reporting requirements, including, but not limited to, managers, supervisors, and confidential employees that earned at least $81,450.00 in 2011 (or $39.16 hourly).

If you have any questions about whether your business is required to complete the annual HCSO report, or which employees are covered, please do not hesitate to contact us for assistance.

Practice Area: Employment
Attorney: Douglas J. Melton, Shane M. Cahill

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