San Jose voters passed Ballot Measure E in the recent November 2016 elections. This new law, sometimes called the “Opportunity to Work Ordinance,” requires that covered San Jose employers offer existing part-time employees additional work hours before hiring any temporary, part-time, or new workers. The new law also imposes additional notice and record-keeping requirements on covered San Jose employers. San Jose employers who violate this new ordinance will be subjected to local fines and private lawsuits.
To be covered under this new law, a San Jose employer must employ more than 35 people and be subject to the city’s business tax. Franchises and chain stores must count all employees, even those that do not work in San Jose.
This new law takes effect in San Jose on March 8, 2017. It will be administered and enforced by San Jose’s Office of Equality Assurance, whose website is here. You can read the full text of Ballot Measure E here.