City Attorney Dennis Herrera said that the effects of a Dec. 21, 2015 ruling on officer texting "are worse than many realize."

Herrera secures settlement with Chipotle for $95,000 to employees owed paid sick leave

The voluntary settlement agreement avoids litigation and ensures employees’ rights under the Paid Sick Leave Ordinance

City Attorney Dennis Herrera said that the effects of a Dec. 21, 2015 ruling on officer texting "are worse than many realize."
City Attorney Dennis Herrera says the settlement with Chipotle  “both compensates employees and ensures that they are aware of their rights.”

SAN FRANCISCO (Sep. 13, 2016) —Former and current employees of the San Francisco locations of Chipotle Mexican Grill are receiving checks from the restaurant chain as part of a settlement agreement with the Office of Labor Standards Enforcement (OLSE) negotiated by the San Francisco City Attorney’s Office. The $95,000 voluntary settlement agreement reached by City Attorney Dennis Herrera resolves an investigation by the Office of Labor Standards Enforcement that found that Chipotle was in violation of the Paid Sick Leave Ordinance. The deadline for Chipotle to send the checks to eligible employees was September 12, 2016.

OLSE launched the investigation in 2012 after receiving complaints that the restaurant was denying employees paid sick leave. As part of the agreement reached on August 22, 2016, Chipotle will make payments totaling $95,000 to nearly 1,200 employees who worked at San Francisco restaurant locations between April 6, 2009 and June 22, 2016.  Other provisions include that the restaurant must also visibly display posters published by OLSE describing employee’s rights under the Ordinance; provide employees with materials that communicate leave policies in California; and supplement training for all managers with content on how to comply with the Ordinance.

“I am grateful to Chipotle for their cooperation in our investigation and for helping us reach a fair settlement that both compensates employees and ensures that they are aware of their rights,” said Herrera. “I hope this settlement sends a cautionary message to would-be scofflaws that San Francisco is committed to enforcing the Paid Sick Leave Ordinance and protecting employees’ rights. I want to thank everyone with OLSE for their outstanding work on this investigation and their continual efforts to enforce local labor laws.”

“Like in many areas, San Francisco has led the movement in expanding labor rights and I am proud of the role our office has in enforcing them,” said OLSE Director Patrick Mulligan. “I want to thank City Attorney Dennis Herrera and his office for helping us negotiate a settlement agreement that fairly compensates workers and avoids litigation.”

Passed in 2007, the Paid Sick Leave Ordinance requires that all employers provide paid sick leave to every employee who performs work in San Francisco. If someone is a current or former Chipotle employee in San Francisco who believes they should be covered by this settlement and worked between April 6, 2009 and June 22, 2016 and have not received a check, they should contact Joshua Pastreich at (415) 554-6731.

For more information about the Paid Sick Leave Ordinance, members of the public should go to https://sfgov.org/olse/PAID-SICK-LEAVE-ORDINANCE-PSLO, or contact (415) 554-6271 or pslo@sfgov.org.