On November 22, 2022, the Los Angeles City Council unanimously passed the Fair Work Week Ordinance (“Ordinance”). Effective April 1, 2023, retail employers in the City of Los Angeles will be required to provide employees with at least fourteen (14) days advance notice of their work schedules and will be required to compensate employees in the event of schedule changes.
Who is Covered?
The Ordinance applies to employees who work at least two (2) hours per week within the City of Los Angeles and are entitled to a minimum wage under California state law.
Employers with three hundred (300) or more employees globally are subject to the Ordinance if the employer is identified as a retail business by the North American Industry Classification System within retail trade categories 44-45. Workers employed through temporary services, such as staffing agencies, count toward the 300 global employee threshold.
Under the Ordinance, employers must provide employees with fourteen (14) days advance notice of their work schedules. The notice must be provided electronically or by posting the schedule in the workplace. Any changes to the schedule that occurred after the notice was given, such as a change in date, time, or location, must be made in writing. Employees have a right to decline any changes. Schedule changes made less than fourteen (14) days before the work period must be done in writing. Employers must also provide employees with “predictability pay” in certain circumstances.
Employers are also required to provide a good faith estimate of their work schedule before hiring and within ten (10) days of a current employee's request. If the employee's actual work hours significantly deviate from the employer's good faith estimate, the employer must have a documented, legitimate business reason that was unknown at the time that the employer provided the good faith estimate to the employee.
An employee will have the right to request certain hours, times, or locations of work, and the employer may accept or decline the employee's request. If the employer denies an employee request, the employer must notify the employee in writing the reason for the denial.
Rest Time Between Shifts
Absent written consent from the employee, employers must provide employees with at least ten (10) hours of rest between shifts. Employees that work a shift that is less than ten (10) hours after their previous shift are entitled to time and a half.
Employers are prohibited from discriminating or retaliating against employees for exercising their rights under the Ordinance. The Ordinance also imposes notice, posting, and record-keeping requirements.
Employers who violate the Ordinance are subject to penalties of up to $500 per violation per employee and administrative fines.
Employees may file a complaint with the Office of Wage Standards or bring a civil action for violations. However, prior to any filing, the employee must give the employer notice of the violations and a 15-day opportunity to cure the violations.
The Ordinance also allows individuals to recover attorneys' fees if they prevail.
If you have any questions regarding your company's policies or need guidance on California employment law, contact the Law Office of Catherine Chukwueke and schedule a consultation. We are here to help you navigate the complexities of employment law with confidence.
Disclaimer: This article has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice.