Guidance for Bay Area Employers: The Commuter Benefits Program

Earlier this year, we advised employers that the Bay Area Commuter Benefits Program (“CBP”) was going into effect, beginning September 30, 2014. (Govt.  Code §65081.)  This post provides additional information on the requirements and implementation.

As a reminder, the CBP is now mandatory for  any public, private, or non-profit entity employing an average of 50 or more full-time employees per week within the geographic boundaries of the Bay Area Air Quality Management District (“Air District”) (covering San Francisco, the peninsula, the East Bay, North Bay, and South Bay counties.  (Coverage map:  The CBP is a pilot program, pursuant to state law, in effect only until January 1, 2017, unless extended before that date.

Which Employees Count under the CBP? For purposes of counting full time, paid employees, the following rules apply: