This Law Firm Publication by Jackson Lewis P.C. addresses the Opportunity to Work Ordinance, under which San Jose employers who employ at least 36 employees and are subject to the city’s Business License Tax or maintain a facility in the city must offer any additional work hours to their existing qualified part-time employees before hiring new employees. Qualified employees are those who work at least two hours per calendar week for a San Jose employer and who qualify for California’s minimum wage. Executive, administrative, and professional employees do not count towards the 36-employee threshold. Under the Ordinance, employers must retain certain work-related records for at least four years and may not retaliate against employees who assert their rights under the Ordinance. The provisions of the Ordinance, which becomes effective on March 13, 2017, may be waived by a collective bargaining agreement (CBA).