Tune in to the latest edition of California Employment News, where Meagan Bainbridge and Nikki Mahmoudi dive into LA County's Fair Work Week Ordinance. Learn about key protections for retail workers, including scheduling rights, premium pay for schedule changes, and more.

Watch this episode on the Weintraub YouTube channel.



Show Notes:

Meagan: Hello, everyone. Thank you for joining us for this installment of the California Employment News, an informative video and podcast resource offered by the Labor and Employment Group at Weintraub Tobin. My name is Meagan Bainbridge. I'm a shareholder in the Firm's Labor and Employment Group, and today I'm joined by my associate, Nikki Mahmoudi.

Today, we'll be talking about LA County's Fair Work Week Ordinance, which is set to take place on July first, 2025. This legislation will provide covered employees with various protections related to their work schedules and working hours. Nikki, could you please provide us with some background information regarding the ordinance?

Nikki: Of course. So this ordinance will apply to retail businesses in the unincorporated areas of LA County that have at least 300 employees globally. When we're talking about globally, this is going to include franchises and those employed through temporary staffing agencies. Covered employees will consist of employees as such businesses who, one, qualify for minimum wage, two, perform at least two hours of work in a work week in the unincorporated areas of Los Angeles County for a retail employer, and three, are assigned a primary work location and duties that support retail operations, including but not limited to a retail store or warehouse. Why protections for these specific employees? The LA County explained this ordinance is meant to meaningfully support its retail workers who often are paid low wages and work unpredictable schedules with little or no advanced notice. Meagan, could you tell us some of the protections under the Fair Work Week ordinance?

Meagan: Sure. Well, the first thing employers should familiarize themselves with is the Good Faith Estimate of Work Schedule Principle. Here, employers are required to provide workers with a written good faith estimate of their work schedule before hiring and within 10 days of a current employee's request. This is defined as a reasonable fact-based prediction of an existing retail employee's work schedule or a prospective retail employee's prior hours worked by a similarly situated retail employee or other similar information. While a good faith estimate is not a binding contract, Correct. If an employee's actual hours, days, location, or shifts work substantially deviate from that good faith estimate, the retail employer must have a documented, legitimate business reason, unknown at the time of providing the good faith estimate to substantially deviate from the plan. Further, while the ordinance provides that covered employees have the right to request a preference for certain hours, times, or locations of work, employers may accept or decline those requests, provided that the employer notifies the employee in writing of the reason for any denial. Finally, employers are required to provide employees with advanced notice of their work schedule at least 14 calendar days before the start of the work period.

Nikki: Employers can provide notice by posting the schedule in a conspicuous and accessible place in the workplace, by electronic means, or in person. It's worth noting that any changes to the work schedules must be provided, and employees have the right to decline the hour, shifts, or work location changes not included in the original schedule. If the changes are agreed upon, the changes must be agreed to in writing and in advance of the change. Nikki, other protections are part of the fair work requirements?