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least 1 employee in San Francisco. These policies include the Health Care Security Ordinance, <br />Family Friendly Workplace Ordinance, and Fair Chance Ordinance. <br />We consider the 40 establishments threshold too high, and would also recommend a covered <br />employer meet either the employee size threshold or the number of establishments or locations <br />threshold, but not both. <br />We would not recommend San Francisco's formula retail definition to define chain stores in San <br />Leandro because it originated as a planning code definition, and was not directly crafted to <br />address employment standards. <br />San Jose "Opportunity to Work" ballot initiative language (currently signature gathering underway to <br />place on November 2016 ballot) <br />Defines chain businesses as "a set of businesses that share a common brand or are <br />characterized by standardized options of decor, marketing, packaging, products or services." <br />Employment size of chain businesses and franchisees are counted as total number of <br />employees, "whether or not located in the City." <br />Language here allows for small franchisees—i.e. those with only a few locations—to be counted <br />as a small business. A franchisee's employment is defined only by the total number of <br />employees at locations owned by that franchisee regardless of location, but does not count the <br />total employment of the franchisor. For example, under this proposal, if a Burger King <br />franchisee owns three locations, their employment size is calculated just on those three <br />locations and not on Burger King's global employment. <br />Definition of Employer <br />We recommend keeping the definition of employer that was in the draft ordinance, which <br />includes those who directly or indirectly controls the wages, hours, or working conditions of any <br />employee, and includes those working under a subcontract, temporary staffing agency, or <br />similar entity. This is consistent with language in other cities including San Francisco, Oakland, <br />and Emeryville. <br />Emeryville <br />Emeryville's minimum wage policy has a definition of large employer that is >55 employees in <br />Emeryville—a threshold that we believe is too high and would not recommend. <br />2 <br />