Required Employer Annual Reporting Office of Labor Standards - PowerPoint PPT Presentation

Required Employer Annual Reporting Office of Labor Standards Enforcement City & County of San Francisco April 5, 2018 Rose Auguste, Compliance Officer Ellen Love, Principal Administrative Analyst

Webinar Housekeeping • You should see a control panel like this on the right side of your screen • The panel should minimize automatically when you aren’t using it. To minimize or re-open, click the orange arrow. • Use the “Questions” box to ask your questions during the presentation. Office of Labor Standards Enforcement 2

Mandatory Reporting Health Care Security Fair Chance Ordinance (HCSO) Ordinance (FCO ) • S.F. Admin Code • S.F. Police Code Section 14.4 Section 4910 • S.F. Admin Code Section 12T.7 • April 30, 2018 deadline for 2017 calendar year report • $500 / quarter penalty for failure to submit Office of Labor Standards Enforcement 3

Access the 2017 Employer Annual Reporting Form • Form: https://etaxstatement.sfgov.org/olse/ • Resources: www.sfgov.org/olse/hcso • PDF Preview of the full form • Instructions – Call (415) 554-7892 – Email hcso@sfgov.org Office of Labor Standards Enforcement 4

Before You Begin • You cannot save the form and return to it later. • For multiple locations with one San Francisco business registration, submit a single form. • Visit web pages for both laws: Health Care Security Ordinance • www.sfgov.org/olse/hcso Fair Chance Ordinance • www.sfgov.org/olse/fco Office of Labor Standards Enforcement 5

Introduction Page 1. Did any employees work an average of 8 or more hours per week (or 104 hours in a quarter) within the geographic boundaries of San Francisco (including tele-working from a home in San Francisco) during any quarter of 2017 ? 2. Is the employer a for-profit or a non-profit employer? Office of Labor Standards Enforcement 6

Introduction Page (continued) 3. What was the highest average number of persons performing work for compensation for your business or organization (worldwide) in any quarter of 2017 ? 4. Did any employees perform work for a contract with the City and County of San Francisco during calendar year 2017? Office of Labor Standards Enforcement 7

Introduction Page Based on your answers to the intro questions, you will be routed to one of the following forms: 3. NOT 2. FCO only 1. HCSO, & FCO COVERED For-profits City Not covered with 20+ Contractors by HCSO or Employees with <20 FCO. No Employees further action Non-profits required Non-profits with 50+ with 20-50 Employees Employees Office of Labor Standards Enforcement 8

Find Your Business Account Number • Account Number from SF Treasurer & Tax Collector • San Francisco Data website https://data.sfgov.org/Economy-and-Community/Registered-Business-Locations-San- – Francisco/g8m3-pdis/data Search box at the top right corner – • 7-digit number – enter leading zeroes if necessary • If you do have not registered, go to: http://sftreasurer.org/registration – Office of Labor Standards Enforcement 9

Name & Address • Certificate Number – auto-generated • Registered Name – auto-generated • Business dba Name • Mailing Address Business Type • Select if you are a nonprofit organization. • Select if you are filing on behalf of several entities in the same "control group." Office of Labor Standards Enforcement 1 0

Questions so Far?

Health Care Security Ordinance • Passed unanimously by the Board of Supervisors in July 2006 • The HCSO requires covered employers to “make health care expenditures” ( spend money ) on behalf of covered employees for health care services. Health Care Expenditure Rates Business Size Medium-Sized Large Employees For profits 20-99 100+ worldwide Non-profits 50-99 2017 $1.76/hour $2.64/hour 2018 $1.89/hour $2.83/hour Office of Labor Standards Enforcement 12

Business Size Employees • How many people worked for your business in each quarter of 2017? – Total worldwide – Include all persons, regardless of status (temp, etc.) – If number fluctuates, average 13 weeks of the quarter – Ranges: Office of Labor Standards Enforcement 13

Covered by the HCSO Employees • How many employees were entitled to health care spending from your business under the HCSO in each quarter of 2017? – Regularly worked at least 8 hours of work/week or an average of 8 hours in SF – Employed for 90 calendar days after first day of work; – Limited exemptions – If not covered by the HCSO, do not count for this question Office of Labor Standards Enforcement 14

HCSO Employees Exemptions 1. Managers, supervisors, or confidential employee and also earned at least $95,101/yr or $45.72/hr in 2017 2. Eligible for Medicare or TRICARE 3. Covered by Health Care Accountability Ordinance (HCAO) 4. Enrolled in bona fide non-profit training program 5. Benefits through another employer & voluntarily signs OLSE Employee Voluntary Waiver See “Covered Employee” section of the HCSO Admin Guidance (sfgov.org/olse/hcso) Office of Labor Standards Enforcement 15

Health Insurance • Did the employer spend money on insurance for covered employees, including medical, dental, or vision premiums or contributions to a union health insurance trust? • For each quarter of 2017, provide 1. Covered Employees ( Only include employees covered by the HCSO) 2. Amount Employer Spent Include • – Health insurance premiums paid for employee and their spouse, partner and/or dependents – Medical, dental, vision – Contributions to a Taft Hartley for health and welfare – ONLY employer contribution • If no expenditures, leave zeroes. Office of Labor Standards Enforcement 16

City Option For each quarter, provide: SF 1. the total number of Health covered employees for Plan whom you made contributions to the City Healthy Option; and San 2. the total dollar amount Francisco contributed to the City SF MRAs Option, for that quarter. (Medical Reimbursement Accts) Contributed after the quarter SF Covered MRA ends (w/in 30 days) Office of Labor Standards Enforcement 17

More Questions?

Other HCEs • What type of health care expenditure did you make for 2017? – Only irrevocable health care expenditures count – funds never revert to the employer under any circumstance. – HSAs, MSA, Irrevocable HRA, Other • For each quarter of 2017, report 1. The number of employees for whom you made a contribution 2. The total dollar amount of the employer payments • Do not include amounts contributed by the employee. • Only include employees covered by the HCSO Office of Labor Standards Enforcement 19

Surcharge • Did you impose a surcharge on your customers at any time in 2017 to cover the costs of providing health care / complying with the HCSO? • If yes, how much did you collect? • If yes, please enter the language on your menu / receipts to identify the surcharge. – Healthy SF surcharge – SF mandates surcharge – Etc. Office of Labor Standards Enforcement 20

Question Break…

Fair Chance Ordinance • Fair Chance Ordinance restricts how / when employers inquire about conviction and arrest records. • Took effect in August, 2014 • Covers employers with 20+ employees and City Contractors Office of Labor Standards Enforcement 22

Fair Chance Ordinance 1. How many employees did your company hire to work in San Francisco during 2017? (includes telecommuters) 2. During 2017, did your company’s employment application for jobs in SF, including online applications, ask about arrest or conviction records? 3. During 2017, did your company conduct criminal background checks for any applicants before you conducted a live interview with them? Office of Labor Standards Enforcement 23

Fair Chance Ordinance 4. The FCO prohibits employers from inquiring about the following at any time: – An arrest not leading to a conviction, except for unresolved arrests; – A conviction that is more than 7 years old; – Participation in a diversion or deferral of judgment program; – A conviction that has been dismissed, expunged, or otherwise invalidated; – A conviction in the juvenile justice system; – An offense other than a felony or misdemeanor, such as an infraction Did your company inquire about any the above in 2017? Office of Labor Standards Enforcement 24

Fair Chance Ordinance 5. Did you change your job application process in 2017 to comply with the Fair Chance Ordinance? – Yes, we changed our application and/or background check process – No, our existing application and/or background check process was already compliant with the law – No, we never considered arrest records or convictions, and we still do not – No, we have not yet changed our process to comply with the law 6. Did you hire anyone with a conviction history during 2017? 7. Is your business exempt from any of the FCO’s restrictions? Office of Labor Standards Enforcement 25

Certification • Certify you are an authorized representative; submit under penalty of perjury • Your Name, Title, & Phone • Email Address – – Please double check to ensure receipt of confirmation email! Submit • Corrections after submission: start the form over and resubmit – we will use the most recent submission. Office of Labor Standards Enforcement 26

Last Chance for Questions!

Office of Labor Standards Enforcement (415) 554-7892 www.sfgov.org/olse