As of April 1, 2023, Los Angeles retail businesses (including franchises) that employ at least 300 people will need to comply with a recently passed Fair Work Week Ordinance. The city joins other places across the country that have enacted similar laws aimed at providing fair notice to employees of their work schedules, allowing workers enough rest between shifts, and achieving other objectives. If you live in one of the jurisdictions with these laws, you need to understand your rights. We take a look at what Los Angeles recently passed.
Good Faith Scheduling Estimate
Numerous workers have unpredictable, fluctuating work schedules that are subject to last-minute changes by their employers. Having an unpredictable work schedule makes it difficult to arrange for childcare, obtain transportation, and obtain one’s educational goals. Recognizing this problem, the city of Los Angeles now requires that companies with at least 300 employees provide their workers with good-faith estimates of their work schedules. That means a written document with the following:
- An estimate of the work schedule (for a new employee and within ten days of an existing employee’s request)
- Notification of the employee’s rights under the newly enacted ordinance
Although the estimate is not a binding contract, the employer must have a good reason if it substantially deviates from the estimate it provided the worker.
New Rules Concerning Work Schedules
Employers must give their employees written notice of their work schedules at least 14 days before they begin, either by posting the schedule or sending it directly to the employee. If the employer makes any changes to the schedule after that point, it must notify the employee. The employee can decline changes to hours, shifts, or work locations, or consent to the changes in writing. Also, in general, the employee can ask for certain hours, shifts, or locations, but the employer can deny the request.
Predictability Pay
Employers must compensate an employee with premium pay if the employer changes the employee’s schedule. If the schedule changes result in no loss of time or additional work time in excess of 15 minutes, the employer must pay the employee one additional hour of pay at the employee’s regular rate of pay. If the change results in a loss of work time, the employer has to compensate the employee at half of the employee’s regular rate of pay for that lost work time.
Additional Hours Must Be Offered to Existing Employees
Before hiring a new employee or independent contractor, an employer must offer the work to current employees if they are qualified and the additional hours don’t bump the worker up to overtime. This step must be taken at least 72 hours before hiring a new employee or contractor, and the existing employees to whom the work is offered will have 48 hours to accept or decline the offer.
Other Changes
The Los Angeles ordinance is extensive and covers a broad array of other employee matters, such as:
- Not requiring employees to find someone to cover their shift if they can’t work for reasons protected by law
- Allowing at least ten hours of rest between work shifts
- Prohibiting retaliation for employees who assert their rights under the new ordinance
- Retention of work records for current and former employees for at least three years
- Penalties in the event the employer violates the employee’s wage, hour, and labor rights
By enacting the Fair Work Week Ordinance, Los Angeles joins the following jurisdictions with similar laws:
- Berkeley
- San Francisco
- Emeryville, California
- New York City
- Philadelphia
- Chicago
- Seattle
- Euless, Texas
- Oregon
Helping You Assert Your Legal Rights
If you live in Los Angeles or one of the other areas listed above and want to know more about fair work week legislation, or if your wage and hour rights (such as overtime pay) have been violated, The Lore Law Firm is here to assist you. Complete our free and confidential online client intake form so we can learn about your situation. Reach out to us today.
