As a reminder, employers covered under the San Francisco Health Care Security Ordinance (“HCSO”) need to submit the 2022 Employer Annual Reporting Form by Monday, May 1, 2023. The form is completed and submitted online at https://sf.gov/submit-employer-annual-reporting-form-olse-0.
This annual reporting includes the reporting requirement associated with San Francisco’s Fair Chance Ordinance (“FCO”). Details related to the FCO are not addressed in this summary; visit the FCO website of the San Francisco Office of Labor Standards Enforcement (“OLSE”) for more information.
Employer Annual Reporting Form
Under the HCSO, covered employers must make minimum health care expenditures for each hour worked by covered employees in San Francisco.
Covered employers must also submit an online Employer Annual Reporting Form each year that summarizes how they complied with the HCSO.
The Form is normally due on April 30th of the following year, but since that date falls on a Sunday this year, the deadline to submit the 2022 Form has been shifted to Monday, May 1, 2023. The penalty for failing to timely submit the Employer Annual Reporting Form is up to $500 per quarter.
An employer that was not covered by the HCSO and/or the FCO in any quarter of calendar year 2022 does not need to submit the Form. To determine whether the Form is required, an employer will answer the short survey on the first page of the online Form. Employers that were not covered by the HCSO or the FCO in 2022 will be directed to a webpage indicating that they do not need to submit the Form, and no further action is required. Covered employers will be directed to the appropriate online Form.
The OLSE has made a pdf of the 2022 Form available for employers who wish to preview the Form before completing it online (https://sf.gov/sites/default/files/2023-02/2022%20ARF%20PDF%20Preview_website.pdf). It has also published instructions for completing the 2022 Form (https://sf.gov/reports/february-2023/2022-arf-instructions).
HCSO Notice to Employees
If they haven’t already, covered employers should make sure to post the official 2023 HCSO Notice in a conspicuous place at any employer workplace or job site where covered employees work. The Notice should also be mailed or emailed to employees who do not work at an employer workplace or job site, such as employees working from home. The Notice is available in several languages at https://sf.gov/sites/default/files/2022-12/2023%20HCSO%20poster.pdf.