Fair Work Week Ordinance Unanimously Passes Los Angeles City Council

In November 2022, the Los Angeles City Council unanimously passed the Fair Work Week Ordinance (FWWO), which imposes significant requirements on retail employers throughout the city.

Set to take effect in April 2023, scheduling and hiring laws are going to change sharply to reflect similar laws already on the books in other major cities.

At Romero Law, our skilled Pasadena employment law attorneys know that many retail employees welcome presumptive scheduling changes that allow them to plan their weeks more efficiently. However, not everyone who works in retail in Los Angeles will be impacted by the change.

Here is what our California wage and hour attorneys want you to know about your rights.

Who is Covered Under the LA Fair Work Week Ordinance?

FWWO covers employees who qualify for minimum wage and performs at least two hours of work in a work week that are employed by companies that:

• Are identified as a retail businesses by the North American Industry Classification System, and fall within the retail trade categories 44-45.
• Have 300 or more employees globally, including employees placed through a temporary service or staffing agency, employees of the employer’s subsidiary, and some franchise employees.

What Does the Los Angeles FWWO Require Employers To Do?

If you have ever worked in retail, or know someone who has, you know that it was impossible to know your schedule until a day or two before you were to work. That will soon change in Los Angeles.

• Qualifying employers must now provide a Two-Week Notice Requirement for Work Schedules.

Employers will be required to notify their employees of their work schedule at least 14 calendar days before the start of the work period, either by posting the schedule in a conspicuous and accessible place or by providing the schedule electronically to employees.

Any subsequent changes must be made in writing through posting or electronic transmission. Employees may decline any hour, shift, or work location changes not included in their original work schedule.

Any accepted changes by an employee must also be in writing.

• Eligible employees are entitled to Predictability Pay for each change to a scheduled date, time, or location of the employee’s schedule with less than 14 days advance notice.

When the agreed-upon change results in either no loss of time or additional work time exceeding 15 minutes, the employer must pay the employee one additional hour of pay at the employee’s regular rate for each change. If an employer reduces the employee’s work time from what was listed in their schedule by 15 minutes or more, the employer must pay the employee one-half their regular rate of pay for the time the employee does not work.

Predictability pay is not required when:

• The employee requests the schedule change.
• The employee voluntarily accepts a schedule change made by the employer due to the absence of another employee.
• The employee accepts additional work hours that were offered by the employer.
• The employee’s work hours are reduced because the employee violated the law or the employer’s lawful policies or procedures.
• The employer’s operations are affected by law or force.
• The extra hours the employee worked require the payment of overtime wages.

In addition, there is a provision called Existing Employees’ Right of First Refusal for Additional Work.

When additional work hours become available, employers must offer the additional hours to current employees before hiring any additional workers, including those contracted through a staffing agency or temporary service to do the work if:

• One or more current employees are qualified to do the job.
• The employer would not be required to pay overtime pay to the current employee that takes on the additional work.

Other provisions outlined in FWWO include:

• Rest Between Shifts.

Employers will need an employee’s written consent to schedule the employee for a shift that begins less than ten hours from the end of the employee’s last shift. If an employee is scheduled for a shift that begins less than ten hours after the end of their last shift, they must be paid a time and a half premium.

• Good Faith Estimates of Work Schedules.

Employers must provide a “good faith estimate” of an employee’s work schedule upon hire, and within ten days of an existing employee’s request. Although not legally binding, if the employee’s actual work hours substantially deviate from the estimate, the employer must have a legitimate, documented business reason that was unknown at the time the estimate was provided.

If you have questions about your workplace rights, including your eligibility for FWWO, contact our experienced Los Angeles County employment law attorneys to discuss your legal rights and options today.

Our employment law firm and bilingual staff offer services in both English and Spanish and are available now to discuss your case during a free consultation by calling 626-396-9900 or contacting us online.