Predictive Scheduling (aka Fair Work Week Ordinance) Arrives in Los Angeles on April 1st

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This Ordinance only effects retail businesses with over 300 employees “globally” — but that tally includes those employed via staffing firms and franchisees. The Ordinance applies to anyone working for a covered retailer in the City of Los Angeles for at least two hours or more per week.

Predictive scheduling involves publishing a work schedule at least 14 days in advance, and providing a “written good faith estimate” of an employee’s work schedule upon request. Failure to abide by published scheduling can trigger predictability pay. It prohibits “clopening” shifts by requiring at least 10 hours between shifts (unless the employee provides written consent, and receives premium pay for each hour less than 10 between the shifts). It also prevents employers from requiring employees to find coverage for certain shifts.

All of these requirements will impact payroll practices in significant ways. Employers impacted by this new Ordinance should review its requirements carefully before April 1st. Non-compliance is no joking matter.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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