S.F. Police Code Article 49 § 4910
EMPLOYER RECORDS (San Francisco Fair Chance Ordinance)
Operative Text
(a) An Employer shall retain records of employment, application forms, and other pertinent data and records required under this Article, for a period of three years, and shall allow the OLSE access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this Article. (b) An Employer shall provide information to the OLSE, or the OLSE’s designee, on an annual basis as may be required to verify the Employer’s compliance with this Article. (c) In no event shall the OLSE require an Employer to provide any information or documents the disclosure of which would violate state or federal law. (d) Where an Employer does not maintain or retain adequate records documenting compliance with this Article or does not allow the OLSE reasonable access to such records, it shall be presumed that the Employer did not comply with this Article, absent clear and convincing evidence otherwise. The Office of Treasurer and Tax Collector shall have the authority to provide any and all nonfinancial information to OLSE necessary to fulfill OLSE's responsibilities as the enforcing agency under this Article. With regard to all such information provided by the Office of Treasurer and Tax Collector, OLSE shall be subject to the confidentiality provisions of Subsection (a) of Section 6.22-1 of the San Francisco Business and Tax Regulations Code. (e) Pursuant to its rulemaking authority under this Article, the OLSE shall adopt rules that establish procedures for Employers to maintain and retain accurate records and to provide annual reporting of compliance to OLSE in a manner that does not require disclosure of any information that would violate State or Federal privacy laws.
San Francisco Police Code Article 49 § 4910 establishes recordkeeping obligations for employers covered by Article 49. Employers must retain employment records, application forms, and related documentation for at least three years, and must give the Office of Labor Standards Enforcement (OLSE) access to those records upon appropriate notice. If an employer fails to maintain adequate records or blocks OLSE access, the law presumes the employer was out of compliance unless clear and convincing evidence shows otherwise. The OLSE is also required to adopt rules ensuring that annual compliance reporting does not force disclosure of information protected by state or federal privacy law.
Plain English — not legal advice.
Property owners and managers who qualify as employers under Article 49 § 4910 generally keep organized employment and application records for a minimum of three years and make those records available to the OLSE when requested with appropriate notice. Compliant operators also respond to OLSE's annual reporting requirements and cooperate with any designee the OLSE appoints to verify compliance. Maintaining thorough documentation is especially important because § 4910(d) places the burden on the employer to rebut a presumption of non-compliance when records are missing or inaccessible.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While § 4910 primarily governs employer recordkeeping obligations rather than tenant rights directly, workers who believe an employer covered by Article 49 has failed to maintain proper records or has obstructed OLSE oversight may contact the San Francisco Office of Labor Standards Enforcement, which serves as the enforcing agency under this provision. The presumption of non-compliance established in § 4910(d) can be a meaningful factor in OLSE investigations, and tenant-workers may find it useful to consult a tenant-rights or worker-rights organization to understand how this provision intersects with any broader Article 49 protections they may have. The OLSE also works with the Office of Treasurer and Tax Collector to obtain non-financial employer information needed to fulfill its enforcement responsibilities under § 4910.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 12, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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