A new ordinance in Los Angeles County, effective July 1, aims to make life more predictable for retail and grocery workers.
The Fair Workweek Ordinance gives employees in the unincorporated parts of LA County more power over their work schedules, joining a similar measure that took effect in the city of Los Angeles in April 2023. Several locations in Northern California (like Berkeley, San Francisco, San Jose and Emeryville) and across the nation also have fair workweek rules.
Calling the retail industry “a significant segment of the local economy,” the county Board of Supervisors explained its reasons for the ordinance: Retail workers often receive low wages, work part-time with unpredictable schedules, and receive little to no advanced notice of schedule changes. Many are treated as always “on call,” expected to come in anytime they’re asked, even on days off, and assigned shifts that don’t allow for proper rest, the board stated.
“With this uncertainty, retail employers are able to evade labor laws while dispossessing retail employees of their free time outside of work and time they anticipated being paid for,” the board said.
The new rules apply to retailers that — globally — employ at least 300 workers. Before we get into the details, we want to emphasize that the ordinance specifically prohibits any sort of retaliation against employees who exercise these new rights. That’s something we, as advocates for employees, feel strongly about and want to make sure workers understand. If you’ve experienced retaliation, a trusted Los Angeles employment lawyer can help protect your rights.
Now for the new rights. They include:
- During the hiring process, retailers must offer good-faith estimates of work schedules. Once a worker accepts a job, companies are supposed to distribute work schedules at least two weeks in advance. Importantly, any changes after that require written notice — and an employee can decline them.
- Workers can request preferred work hours, times or locations; an employer’s denial of the request must be delivered in writing and include a reason for the decision.
- If an employee can’t work for reasons covered by law (such as illness, family care, or being the victim of a crime), the retailer cannot require the worker to find a replacement.
- Workers can’t be scheduled to work less than 10 hours after the end of their prior shift unless they agree to it in writing. Then, they must be paid the time-and-a-half rate for each hour of the second shift that is within 10 hours of the first shift.
- The ordinance introduces “predictability pay” to compensate employees for changes retailers make to the work schedule, with varying extra pay requirements depending on the circumstances. This can include changes like adjusting shift start or end time by more than 15 minutes or canceling a shift.
- Before an employer hires new workers — even temporarily, via contract or staffing agency — it must offer the extra hours to current employees (unless doing so would mean overtime or other premium pay rates).
When workers stand up for their rights, it improves conditions for everyone. This overview is a great starting point, but an experienced employment lawyer in Los Angeles can provide more specific guidance about situations or circumstances.
Keller Grover advocates for workers, helping you better understand your rights, protections and options. In more than 25 years litigating fraud and employment cases, we have recovered hundreds of millions of dollars for clients and class members. If you’ve faced or suspect mistreatment in the workplace, contact us for a free, confidential consultation with a Los Angeles employment lawyer.