Simplify compliance with the Los Angeles Fair Work Week Ordinance

Frequently asked questions

• Who does the Los Angeles Fair Work Week Ordinance apply to?

  The LA Fair Work Week Ordinance applies to retailers with more than 300 employees globally, that identify as a retail business in the North American Industry Classification System (NAICS), and that exercise control over wages, hours, or working conditions of any nonexempt employee who works in the City of Los Angeles.

• What are the key requirements of the Los Angeles Fair Work Week Ordinance?

  The ordinance requires retail employers to provide candidates with a good faith estimate of their work schedule before hiring them; and provide a good faith estimate to existing employees within 10 days of their request. It also requires 14 day advance notice of work schedules as well as employee consent and premium pay for certain changes to the work schedule.

  Also included are requirements to offer available shifts to existing employees before hiring new employees, and restrictions on clopening shifts.

• Who is considered a covered employee by the Los Angeles Fair Work Week Ordinance?

  A covered employer is any retail business under the NAICS retail categories 44-45 that has at least 300 employees globally, and exercises control, directly or indirectly over the wages, hours or worker conditions of any employee.

  A covered employee is any individual who, in any particular week, performs at least two (2) hours of work within the geographic boundaries of the City of Los Angeles for a covered employer, and who is entitled to earn the California minimum wage (a nonexempt employee.).

  All covered employees are entitled to the benefits and protections of the Fair Work Week law, regardless of immigration status or employment status whether they are full-time, part-time, seasonal, or temporary.

• Where can I find a copy of the Los Angeles Fair Work Week Ordinance notice?

  Information about the ordinance can be found here on the website of the Office of Wage Standards Los Angeles here.

• What kind of rest breaks between shifts are required?

  Employers must obtain a covered employee’s written consent before scheduling any shift that starts less than ten hours after the covered employee’s previous shift and, even if the employee consents, the employer must also pay them time and a half for the shift following the insufficient rest period. This is known as a clopening shift.

• What are the consent requirements in the new Fair Work Week Law?

  Employees are allowed to decline to work any hours, shifts, or work location changes not included in the original posted work schedule. If an employee voluntarily consents to the change, the consent must be in writing and the employer also must pay predictability pay in addition to the employee’s normal wages, unless the change falls under one of the exceptions to predictability pay.

• What is predictability pay in Los Angeles?

  Unless an exception applies, covered employers must pay predictability pay in addition to the employee’s normal wages, whenever they change the employee’s work schedule. The amount of predictability pay depends on whether the schedule change results in a loss of work time, an addition of work time, or not net change in the amount of hours the employee is scheduled to work.

• What is a good faith estimate of work schedule?

  A good faith estimate is a prediction of the hours and shifts that could be included on an employee’s schedule. It is intended to allow employees to plan their lives knowing when they will be scheduled to work. Employers must provide covered new hires with a written good faith estimate of their work schedule at the time the job offer is made, and within ten days of a request from a current employee. If a covered employee’s actual work hours substantially deviate from this estimate, the employer must have a documented legitimate business reason for the deviation.