Commuter Benefits Ordinances

Bay Area Commuter Benefits Program

Employers with 50 or more full-time employees are required to register for the Bay Area Commuter Benefits Program and offer a commuter benefits plan for their employees. The pre-tax dollars employees contribute to their transit benefit account aren’t subject to employer matching FICA and Medicare, which means employers can reduce their payroll taxes by as much as $18 per month for each employee.  

San Francisco Commuter Benefits Ordinance

Passed in 2009San Francisco’s Commuter Benefits Ordinance requires San Francisco employers with 20 employees or more to offer one of the following employee benefits:

1. Pre-tax Transportation Benefits – A monthly pre-tax deduction, up to $130/month, to pay for transit or vanpool expenses.

2. Employer-Paid Transportation Benefits – A monthly subsidy for transit or vanpool expenses equivalent to the price of the San Francisco Muni Fast Pass (including BART travel), currently $83/month.

3. Employer-Provided Transportation – A company-funded bus or van service to and from the workplace.

4. Any combination of the above.

There is an an annual reporting requirement for new and non-compliant businesses to fill out. If you have previously submitted the form, you do not have to resubmit this year. Employers with fewer than 50 employees in the Bay Area but more than 20 nationwide, and a location in San Francisco, are still subject to San Francisco Commuter Benefits Program compliance.

Hiring

The number of required documents for bringing on new employees has grown over time.  Some key required paperwork for employees to complete include:

Employee’s Withholding Allowance Certificate (W-4)

Employment Eligibility Verification (I-9)

Notice of Wages & Workers’ Compensation Information

It is advisable that employers have an employee application, which will allows employers to check references, acknowledges at will employment and provides the basis for determining factual information provided by the employee.

Required Postings

Federal, state, and local laws require postings in common areas available to employees those laws impacting their employment.  As a GGRA member, you can get a consolidated poster that includes all postings for both California and Federal requirements at a discounted price from All In One Posters. Please email Samantha for the code.

California Postings

Federal Postings

San Francisco Postings

Minimum Wage Ordinance (Provides the annual updated information based upon the increasing minimum wage schedule)

San Francisco Fair Chance Ordinance (An employer cannot ask about an individual’s conviction history or unresolved arrests at the start of the hiring process.)

San Francisco Family Friendly Workplace Ordinance (Employers with 20 or more employees must allow employees to request flexible and predictable workplace arrangements)

San Francisco Health Care Security Ordinance (For employers with 20 or more employees, it outlines the annually updated hourly spending requirements)

San Francisco Paid Sick Leave (Describes annual accrual process for paid sick leave)

Formula Retail Employee Rights Ordinances (Applies to formula retailers with more than 40 locations worldwide)