Effective April 1, 2023, there are new notice and recordkeeping requirements for retail employers with at least 300 employees globally and with employees working in the City of Los Angeles. In addition, certain scheduling changes will require compensation.
Covered Employers and Employees
The Los Angeles Fair Work Week Ordinance (the Ordinance) covers employers identified as retail businesses in the North American Industry Classification System (NAICS) within the retail trade categories that directly, indirectly, or through an agency employ at least 300 employees globally. Employees are covered if they are entitled to California state minimum wage compensation and work at least two hours within the City of Los Angeles boundaries regardless of where the employer is located.
Work Schedule Requirements
Under the Ordinance, before hiring an employee, employers must provide each new employee with a written good-faith estimate of the employee’s work schedule. If the employee’s actual work hours substantially deviate from the good-faith estimate, the employer must document a legitimate business reason that was unknown at the time the schedule estimate was provided to justify the change.
The Ordinance also provides that employees have the right to request a preference for certain hours and locations of work and employers must notify the employee in writing regarding any reasons for denying their preference request.
Employers must also provide employees with written work schedules at least 14 calendar days before the start of their work period and provide written notice for any employer-initiated changes in the work schedule. Employees have a right to decline any hours, shifts, or work locations not included in the work schedule. If, however, the employee consents to work the schedule change, it must be documented in writing.
In addition, under the Ordinance, employees should not be scheduled to work a shift that starts less than 10 hours from the employee’s last shift without written consent, and a premium of time and a half must be paid for each shift that is not separated by at least 10 hours.
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