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Setting up Fair Workweek (Opportunity to Work) in Deputy - San Jose

Chris Knight
  • Updated

Note: This feature is actively rolling out across our product.

If you do not yet have access to it and are interested in our Fair Workweek offering, please fill in this form.

Background knowledge

This article assumes you have read these general articles on (Opportunity to Work) Fair Workweek:

You can also find more information about San Jose Opportunity to Work (also known as Fair Work Week in other U.S. cities) here:

Note: If team members clock in and out using the Deputy Kiosk for iPad or Deputy Time Clock for Android, make sure these apps have been updated to the latest versions. Fair Workweek will only be supported on iOS Kiosk version 5.3.7 and Android Time Clock version 0.11.0 and beyond.

 

Who is covered by San Jose Opportunity to Work?

Employers are covered by the San Jose Opportunity to Work ordinance if they have 36 or more employees and are subject to the San Jose Business License Tax or maintain a facility in San Jose.  These laws do not cover government employers.

Please check the FAQ and ordinance listed above for more information.

 

What is Opportunity to Work and how can Deputy help?

Access to hours

Opportunity to Work states that available shifts must be offered to existing qualified part-time employees before hiring new ones including subcontractors or the use of temporary staffing
services.

Open shifts must be posted in writing and should include:

  • The shifts being offered
  • Their length
  • Their schedule

Please check the Suggested Steps for Employers listed above for more information.

How can Deputy help?

Deputy allows managers to make open shifts that still require manager approval. We recommend using this feature to offer the shift to all participants, at which point the manager can decide on who fills it based on their own criteria (seniority, tenure, cost, etc).

We recommend posting these criteria and processes in the News Feed of Deputy so that all employees can see this, with a confirmation message so they can confirm they know the process.

 

Recordkeeping

Opportunity to Work requires key information to be stored for a minimum of four years that show compliance with the laws. This includes:

  • copies of work schedules and employment and payroll records pertaining to current and former employees
  • copies of written offers to current and former Part-Time Employees for additional
    work hours 
  • any other records the Office of Equality Assurance may require that Employers
    maintain to demonstrate compliance. 

How can Deputy help?

Deputy will electronically store most records saved in the system, and in the event of an audit can provide employers with a copy of their records on request. Employers may also create numerous reports within Deputy to provide to auditors.

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