A running list of states and localities that have adopted predictive scheduling requirements. The ordinance will require retail employers to provide a written good faith estimate of an employees work schedule to each new employee and to any current employee within ten days of a request as well as notice of employee rights under the ordinance. Some of the FWWOs more notable provisions include the following: Two Week Notice Requirement for Work Schedules. "globally," including those employed through temporary workers, retail employers will be required to "first offer the The statute defines ", " as "compensation for changes made by the employer to an employee's work schedule, in addition to wages earned for work performed by that employee.". This list will include those that have predictability pay components as well as anti-"clopening" requirements a practice that has an employee closing a location and opening it the next morning. The latest litigation trends, court decisions, & issues on California employment law. As we blogged about late last year, Los Angeles will have a Fair Work Week Ordinance as of April 1, 2023. We tailor each case to meet our clients' needs. Many schedule changes could trigger predictability pay, forcing On the other hand, if an employee agrees to a schedule change, they must do so in writing. allows the city to recover up to $500 per violation for each While it awaits the mayors signature for final approval, a Los Angeles predictive scheduling law would have sweeping ramifications for employers in the retail sector. This would, in theory, allow an employer to tell the employee during their first shift that the employee's second shift is canceled. The Formula Retail Employee Rights Ordinances (FRERO) regulate hours, notice of work schedules and predictability pay for schedule changes and on-call shifts. Employers will not be allowed to schedule employee shifts that start less than ten hours from the employees previous shift without written consent and must pay employees a premium of time and a half for each shift not separated by at least ten hours This provision potentially comes into play when employees who are scheduled to work closing and then opening the next day, which the city refers to as clopening shifts. We cannot become your lawyers or represent you in any way unless (1) we know that doing so would not create a conflict of interest with any of the clients we represent, and (2) satisfactory arrangements have been made with us for representation. "written notice" of their work schedules at least Noncompete Provisions in Employment Agreements: Pending CA Legislation Further OSHA Gets Ball Rolling on Proposed Rule on Workplace Violence in Healthcare Ogletree, Deakins, Nash, Smoak & Stewart, P.C. available via the firm's webinar and podcast programs. Those individuals who typically handle scheduling and communication with employees on a daily basis, such as managers or those on Human Resources teams, should take action to train their teams on the implications of these laws will have. Good Faith Estimates of Work Schedules. Heres What to Do if Youre Laid Off. Below is a summary of the Los Angeles ordinances key provisions. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. The City of Los Angeles Fair Work Week Ordinance (FWWO) requires retail employers to provide advanced notice of work schedules and to compensate employees for schedule changes. What Damages Are Available in Mass Torts. contractors or temporary workers only after the forty-eight hour Employers that make alterations to schedules after that 10-day deadline without mutual agreement to the change must pay one hour of Predictability Pay (one hour of the employee's regular rate) for each adjusted shift. The ordinance imposes strict scheduling notice requirements and You must also give employees a nine-hour rest period in between shifts. With several employers who already go through difficulty in staffing and shift coverage, providing advanced notice adds more work, calling for them to develop more effective measures in order to stay in compliance with the new legislation. The City of Los Angeles Fair Work Week Ordinance (FWWO) requires retail employers to provide advanced notice of work schedules and to compensate employees for schedule changes . at their regulate rate for each change to employees' date, these upcoming requirements. Employers, will then have fifteen days from the receipt of that notice to cure a violation. Employers do not have to accept the requests so long as Employees are also entitled to a rest period of at least 9 hours between two shifts or pay $40 to the worker for each shift worked within such a period. If the employer changes the schedule within the 14 calendar days, the employee has a right to decline any hours that were not included in the initial work schedule. There is a 180-day grace period before full enforcement, including fines and penalties, begins on September 28, 2023. If there is a change to the employee's schedule, employers may need to provide "Predictability Pay." Employers, will then have fifteen days from Employers with employees in multiple states should monitor how this law affects their workers, ensuring they are prepared for the differing requirements in each location. more than fifteen minutes of additional work time. In 2017, Oregon took the lead by enacting a statewide Fair Workweek law, paving the way for other state and city jurisdictions to pass or introduce similar legislation, including, but not limited to, Chicago, New York City, Philadelphia, Seattle, and Los Angeles. determined by the employer." by filing a civil action. Ogletree Deakins will continue to monitor and report on Under the ordinance, employees All Rights Reserved. Labor Code and the Industrial Welfare Commission's wage acceptance period or at any time in the seventy-two hour prior The good faith estimate is not meant to constitute a New York's Fair Workweek package is made up of four ordinances focused specifically on fast food and retail employers. electronically or "another manner reasonably calculated to Each and every day that a violation exists constitutes China: The New Draft Trademark Law Increases Requirements for TCPA REVOCATION NOTICE MUST GO TO EL PASO? Even though the new Fair Workweek laws generally speak to the same purpose regarding each working individual, there are several nuances and specific requirements that will affect how it can apply to you now or in the future. scheduling changes by managers, such as asking an employee to work Maybe you even have stock options and a nice bonus every year. Employers will All retail employers will additionally be required to post a notice from the city, informing employees of these rights. California doesn't have any statewide predictive. To print this article, all you need is to be registered or login on Mondaq.com. Both employees and the city will also be entitled to penalties as to each employee whose rights were violated that accrue daily (up to $50 per day to the city and up to $120 per day to each employee whose rights were violated). What are the predictable work schedule requirements under the LAFWW? Best Practices For Engaging In The Interactive Process. Notably, employees may be entitled to predictability pay when employers simply ask them to work more hours, voluntarily. least three years-of the work schedules and other records tied to In addition, notice of an employer's good-faith estimate of an employee's schedule is generally required at hire. You are responsible for reading, understanding and agreeing to the National Law Review's (NLRs) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. employee whose rights were violated). employees of these rights. with GovDocs Employment Law News. Retail employers with locations in Los Angeles should keep an eye out for the mayors signature and the potential implementation of the citys predictive scheduling ordinance. qualified employees additional hours before posting a position. The Los Angeles ordinance applies to employers that are retail We need this to enable us to match you with other users from the same organisation. Any violations following can be fined of up to $500.00 per worker. (Los Angeles officials estimate more than 140,000 of city residents work retail jobs.). It follows in the footsteps of similar predictive scheduling laws already on the books in other major cities, including San Francisco, Seattle, New York City, Chicago and Philadelphia. Among other things, these requirements will require employers to provide schedules two . A labor law poster requirement is also part of the ordinance, along with notice and recordkeeping obligations. are compromised by force majeure" or the extra hours will Mondaq uses cookies on this website. they notify the employee in writing with a reason for the Los Angeles: April 1, 2023, 2 weeks notice requirement. Set to take effect in April 2023, the new law imposes significant requirements on retail employers in the City of Los Angeles with respect to both scheduling and hiring. Wilson Elser Moskowitz Edelman & Dicker LLP. Employers must also provide written notice of potential changes within 24 hours and employees can decline any previously unscheduled hours if within the 2 week window. The ordinance provides that both the city and employees may seek penalties for alleged violations and may also enforce their rights by filing a civil action. Employers will also be California doesn't have any statewide predictive scheduling laws. These changes require the employer to receive their consent in writing. Under the law, individuals who employ those working in retail and utility safety areas must provide a written work schedule at least 72 hours before the first shift on the schedule. If more employees accept the additional hours than are In addition, the employer must pay the employee one additional hour of pay for each change to a schedule date, time or location that does not result in a loss of time to the employee or provides more than 15 minutes of additional work time to the employee. coverage for a shift or partial shift they must miss for Employers will not be allowed to schedule employee shifts that However, such "predictability pay" will not be Changes that result in lost work time require employers to pay half the regular rate of pay. If the city files an action to enforce the ordinance, it is entitled to equitable, injunctive and/or restitutionary relief and reasonable attorneys fees. However, employers will be granted a one-hundred-and-eighty-day grace period for fair workweek violations, and during this period, only written warnings will be issued. 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