Last winter, our California employment law attorneys at Romero Law discussed how the Los Angeles City Council unanimously passed the Fair Work Week Ordinance, which imposes significant legal requirements on retail employers throughout the city.
Fast forward to Spring, and the ordinance is set to be enacted on April 1, 2023, sharply impacting scheduling and hiring laws in LA that are already on the books in other major cities throughout California
What Does the Fair Work Week Ordinance Mean for Retail Workers in Los Angeles?
Employers identified as a retail business by the North American Industry Classification System within retail trade categories 44-45, with 300 or more employees globally, and that exercise control (directly or indirectly) over the wages, hours, or working conditions of any employee are subject to the Ordinance.
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.
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.
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, or the employer would not be required to pay overtime pay to the current employee that takes on the additional work.
Additionally, employers must provide rest between shifts, and good faith estimates of work schedules.
Is Your Los Angeles Employer Ready for the New Ordinance?
When April arrives, retail workers will be protected by a new set of employment laws. If you believe your employer is not following the ordinance, contact our experienced Los Angeles County employment law attorneys to discuss your legal rights and options today. We will help you navigate the process and protect your rights from the start of your claim, so you can move forward with confidence.
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.