Los Angeles Fair Work Week Ordinance Passes

The Los Angeles Fair Work Week ordinance was recently signed by the mayor, which means large retail employers in the city must soon comply with its regulations.

In late November 2022, the city council unanimously approved a Los Angeles predictive scheduling ordinance. It is now law. And it goes into effect April 1, 2023.

While it is somewhat broader than other similar laws across the U.S., the Los Angeles Fair Work Week ordinance follows a familiar formula:

• Advance notice of work schedules
• Extra pay to employees for schedule changes
• Rest periods between shifts, unless agreed to otherwise
• Allowing existing employees to take hours before hiring on new help

Also, a labor law poster is required to be displayed. The Los Angeles Fair Work Week poster was recently released.

Los Angeles Fair Workweek Ordinance

Firstly, the Los Angeles Fair Work Week ordinance applies to retail employers that have 300 or more employees globally.

Fundamentally, employers must provide workers with their schedules at least 14 calendar days before the start of the work period. This information can be given by:

• Posting the schedule in a conspicuous and accessible location where such notices are generally displayed
• Sending the schedule via electronic means or “another manner reasonably calculated to provide actual notice to each employee”

The ordinance covers most workers at larger retail companies in Los Angeles — those who work at least two hours within the geographic boundaries of the city.

Importantly, employers must provide a written good-faith estimate of hours before hiring an employee, as well as within 10 days of an employee’s request.

Employees have the right to request a preference for certain hours, times or locations of work. Employers may accept or decline the request, so long as they notify the employee in writing of the reason for any denial.

Other Details Under the Los Angeles Fair Work Week Ordinance

As might be expected, there are several other details of the ordinance for employers to note:

• Additional hours must be offered to existing employees before hiring new workers
• Employers must provide “premium” pay (California Labor Code Section 510) for schedule changes, though there are exceptions
• Employers can’t require employees to find someone to cover their shift if they can’t make it for a lawfully protected reason
• Employees must be given at least 10 hours of rest between shifts (unless the employee agrees in writing to work without the rest period)
• Employers can face fines for noncompliance

Read the full ordinance for further details.

Predictive Scheduling Laws

There was a time a few years ago when predictive scheduling laws, often also called fair workweek legislation, were gaining momentum.

Since then, there has been a greater push from lawmakers to craft other types of laws, notably minimum wage and paid leave legislation, bills related to the #MeToo movement, pay transparency and more.

Still, the decision from the Los Angeles City Council demonstrates that employers cannot overlook the myriad types of new laws impacting large employers. And, as is often the case, these laws and others require employers to display an updated labor law poster.

Outside of Los Angeles, several other jurisdictions have predictive scheduling or fair workweek laws. Among them:

• Chicago
• Berkeley, San Francisco and Emeryville, Calif.
• New York City
• Oregon
• Philadelphia
• Seattle

Employers, especially those in the retail industry, should review the jurisdictions where they have locations to ensure compliance with predictive scheduling and fair workweek laws.

Conclusion

Ah, spring. Shoppers out getting new wardrobes, people enjoying the weather… and employers with a potentially larger and more unwieldly workforce.

Large companies that have retail stores in California should educate location managers and others about the requirements of the Los Angeles Fair Work Week Ordinance, as well as others in the state.

As a reminder, the Los Angeles Fair Work Week ordinance goes into effect April 1, 2023.

This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.