RETAIL WORKER FAIR WORKWEEK LOS ANGELES

The Fair Work week rules for retail employees only applies to retail employees in a certain geography. These rules apply to employees in the City of Los Angeles and unincorporated areas of the County of Los Angeles. The rules do not apply to retail workers in incorporated cities such as Burbank, Long Beach, Pasadena, Santa Monica, or West Hollywood. Besides the place of employment, eligibility under this law requires the retail employee work for a retail operation that has 300 or more employees globally. This law does not apply to a worker at a single location gas station that employs 8 people.

Employment lawyers are going to get involved in violations of the retail worker fair work week law if the employee is terminated for complaining the law was violated. It may also be possible to obtain PAGA penalties based upon violations of this law. There may also be questions about on-call pay that can be answered by an employment lawyer.

Call 877-525-0700 if you were fired for protesting your employer violated provisions of the retail worker fair workweek law

WHO IS COVERED BY THE RETAIL WORKER FAIR WORK WEEK LOS ANGELES ORDINANCE

Retail employers are subject to this law if:

  • the employee works 2 or more hours a week

  • the employee must work in Los Angeles County, and cannot work in an incorporated city like Inglewood

  • the employee must work in retail

  • the employer must have 300 or more employees globally

Employees seeking clarification about this law should be careful about reviewing older internet posts, and editions of the law that may not be the versions that passed. This law was bantered around for approximately three years before it became law.

WHAT BENEFITS DO EMPLOYEES HAVE UNDER THE FAIR WORKWEEK LOS ANGELES ORDINANCE?

  • Upon hiring, the employer must make a good faith estimate of the employee’s work schedule

  • Within 10 days, providing employees a good faith estimate of their expected hours if the employee requests

  • Employers may modify work schedules after giving 14 days notice of the modification

  • Modifying the times of work or number of hours worked, with less than 14 days notice, requires the employer to pay predictability pay which is payment of half the regular rate of pay for the lost hours

  • There must be 10 hours between shifts

  • If there is not 10 hours between shifts the employee must be paid 1.5 times their regular rate of pay (normal double time pay may also be required if the employee works more than 12 hours in a day)

  • Employees may decline shift changes if made on less than 14 days notice

  • Employers must post a notice of available open shifts at least 72 hours before hiring a new employee. Existing employees have 48 hours following their receipt of the offer to work additional hours to accept the offer. It must be reasonable to assume the employee requesting the shift is reasonably qualified.

Like any law there are exceptions. For example, if the employee voluntarily takes on another schedule or requests a different schedule the law does not apply. There are also exceptions such as if an employer’s place of business is closed due to curfews, strikes, or public health emergencies. As time progresses, there will be litigation about this law. It could be clarified. There are likely to be more exceptions.

Violations of the law can lead to fines. However, unless the employee proceeds with a PAGA action, the fines are most likely 100% owed to the County of Los Angeles.