Violation | County Code Section | Fine |
---|---|---|
Failure to post or provide Notice of Retail Employee's Workweek Rights | Section 8.102.120 | Up to $500 |
Failure to allow access for inspection of books, records, or to interview employees | Section 8.102.130 | Up to $500 |
Failure to maintain records required under this Chapter for three years | Section 8.102.130 | Up to $500 |
Failure to cooperate with a DCBA investigation | Section 8.102.180 | Up to $500 |
Failure to post Wage Enforcement Order or Reconsideration Determination in a conspicuous place | Section 8.102.190 | Up to $500 |
Retaliation for exercising rights under this Chapter | Section 8.102.150 | Up to $1,000 |
Data Retrieved From: https://file.lacounty.gov/
‘Pro-Tip’
Implement a Fair Distribution System: When offering additional hours, use a transparent and equitable method, such as a rotation or lottery system, to distribute hours among interested employees. This fosters fairness and boosts morale.
The recent enactment of the Los Angeles County Fair Workweek Ordinance marks a transformative moment for retail employees and employers alike. Designed to provide greater predictability, fairness, and work-life balance, this groundbreaking legislation promises to reshape the landscape of labor rights in the unincorporated areas of Los Angeles County. As businesses and workers prepare for its implementation, the ordinance stands as a beacon of progressive change in employment practices.
The Los Angeles County Board of Supervisors has passed a comprehensive Fair Workweek Ordinance that mandates retail employers to provide employees with their work schedules at least two weeks in advance. This ordinance, effective July 1, 2025, also includes provisions for compensating employees for last-minute schedule changes and ensuring a minimum rest period between shifts. This legislation aligns closely with the existing Los Angeles Fair Work Week Ordinance, which has been in effect since April 2023, extending its reach and impact across a broader region.
‘Pro-Tip’
Maintain Accurate and Detailed Records: Invest in a reliable record-keeping system to track work schedules, changes, and employee consents. Keeping comprehensive records helps demonstrate compliance during inspections and audits.
The Los Angeles County Fair Workweek Ordinance aims to establish a more predictable and equitable work environment for retail employees. By mandating advance notice of work schedules, compensating for last-minute changes, and ensuring adequate rest periods, the ordinance seeks to address common issues faced by workers in the retail sector. The primary objectives of the ordinance are:
The ordinance also includes provisions for good faith estimates of work schedules, protection against retaliation, and requirements for employers to maintain detailed records of work schedules and changes.
The Los Angeles County Fair Workweek Ordinance applies specifically to retail employers and employees within the unincorporated areas of Los Angeles County. The key criteria for applicability include:
While the Los Angeles County Fair Workweek Ordinance shares many similarities with the Los Angeles City Fair Workweek Ordinance, there are notable distinctions that highlight the unique aspects and broader scope of the county ordinance.
Geographical Scope:
Implementation Timeline:
Scope of Application:
Regulatory Body and Enforcement:
Provisions for Additional Work Hours:
‘Pro-Tip’
Use Predictability Pay to Build Trust: View predictability pay not just as a compliance requirement but as a tool to build trust with your employees. Compensating them fairly for last-minute changes shows respect for their time and commitments.
One of the core tenets of the Los Angeles County Fair Workweek Ordinance is the requirement for retail employers to provide employees with their work schedules at least 14 days in advance. This advance notice allows employees to plan their personal lives, manage childcare, arrange transportation, and make other necessary accommodations. The notice must be delivered in a written format, either by posting the schedule in a prominent location accessible to all employees or by using electronic means that ensure employees receive actual notice.
The ordinance mandates that retail employers provide a good faith estimate of an employee’s work schedule before hiring and within ten days of an employee’s request. This estimate should be based on realistic expectations derived from forecasts, prior hours worked by similarly situated employees, or other relevant information. The estimate must include:
The purpose of the good faith estimate is to give prospective and current employees a reasonable expectation of their work hours, helping them make informed decisions about their employment.
To ensure clear communication and inclusivity, the ordinance requires that all notices, including work schedules and good faith estimates, be provided in the primary languages spoken by at least 10% of the workforce. This provision ensures that non-English-speaking employees fully understand their work schedules and rights. Retail employers must determine the primary languages spoken in their workforce and translate all relevant documents accordingly.
To discourage last-minute schedule changes and compensate employees for the inconvenience caused by such changes, the ordinance includes a predictability pay requirement. The specifics are:
Predictability pay is not required under certain conditions, such as when an employee voluntarily requests the change, accepts additional hours due to the absence of another employee, or if the changes result in overtime hours.
The ordinance stipulates a minimum of ten hours of rest between shifts for retail employees. This requirement aims to ensure that employees have adequate rest and recovery time between work periods, promoting their overall health and well-being. If an employee agrees to work shifts without this rest period, they must provide written consent, and the employer must pay them at a premium rate of 1.5 times their regular rate of pay for each hour of the second shift that is not separated by at least ten hours.
Before hiring new employees, contractors, or temporary workers, retail employers must first offer any available additional work hours to current employees who are qualified to perform the work. This process involves several steps:
This provision is designed to prioritize current employees for additional work opportunities, promoting job security and reducing the reliance on new hires.
‘Pro-Tip’
Stay Informed About Legal Updates: Keep abreast of any changes or updates to the Fair Workweek Ordinance and other relevant labor laws. Joining industry associations or subscribing to legal newsletters can help you stay informed and compliant.
To comply with the Los Angeles County Fair Workweek Ordinance, retail employers must take several proactive steps to align their operations with the new regulations. Key compliance requirements include:
Accurate and thorough record-keeping is essential for compliance with the ordinance. Employers must maintain the following documentation for a minimum of three years:
These records must be accessible for inspection by the Department of Consumer and Business Affairs (DCBA) upon request.
Effective communication is crucial for ensuring employees are informed about their schedules and any changes. Employers should adopt the following methods to notify employees:
Failure to comply with the ordinance can result in significant penalties. The detailed breakdown of fines and repercussions includes:
Violation | County Code Section | Fine |
---|---|---|
Failure to post or provide Notice of Retail Employee's Workweek Rights | Section 8.102.120 | Up to $500 |
Failure to allow access for inspection of books, records, or to interview employees | Section 8.102.130 | Up to $500 |
Failure to maintain records required under this Chapter for three years | Section 8.102.130 | Up to $500 |
Failure to cooperate with a DCBA investigation | Section 8.102.180 | Up to $500 |
Failure to post Wage Enforcement Order or Reconsideration Determination in a conspicuous place | Section 8.102.190 | Up to $500 |
Retaliation for exercising rights under this Chapter | Section 8.102.150 | Up to $1,000 |
Data Retrieved From: https://file.lacounty.gov/
The Los Angeles County Department of Consumer and Business Affairs (DCBA) plays a pivotal role in enforcing the Fair Workweek Ordinance. The DCBA’s responsibilities include:
‘Pro-Tip’
Incorporate Employee Preferences in Scheduling: Create a system where employees can input their scheduling preferences. Balancing business needs with employee preferences can lead to higher job satisfaction and retention.
The Los Angeles County Fair Workweek Ordinance introduces a robust set of protections and rights for retail employees, designed to enhance their job security, predictability, and overall well-being. Key rights provided to employees under the ordinance include:
The Fair Workweek Ordinance significantly enhances employees’ ability to manage their work-life balance by introducing greater flexibility and predictability into their work schedules. Key benefits include:
The ordinance includes specific provisions to address employees’ safety concerns regarding the sharing of their work schedules. These provisions ensure that employees feel secure and their privacy is respected:
‘Pro-Tip’
Conduct Regular Compliance Audits: Periodically review your scheduling practices and records to ensure compliance with the Fair Workweek Ordinance. Conducting internal audits can help identify and address any issues before they become problematic.
Implementing advanced scheduling tools can help streamline compliance with the Fair Workweek Ordinance. Consider using software like TimeTrex, which offers automated scheduling features that align with the ordinance’s requirements. These tools can help employers:
Establish a clear and transparent scheduling policy that outlines how schedules are created, how changes are managed, and how predictability pay is handled. This policy should be:
Ensure that managers and supervisors are well-versed in the requirements of the Fair Workweek Ordinance. Training should cover:
Develop a robust record-keeping system to ensure all required documentation is properly maintained. Key practices include:
Encourage open communication between employees and management regarding scheduling and work hours. Effective strategies include:
Promote a culture that values work-life balance and employee well-being. Best practices include:
When offering additional hours to current employees, ensure the process is transparent and fair. Key steps include:
The regulatory landscape can change, and staying updated with the latest legal requirements is crucial. Best practices include:
‘Pro-Tip’
Provide Clear Documentation for Schedule Changes: Ensure that any schedule changes are clearly documented and that employees have easy access to these records. Transparency in documentation helps build trust and ensures accountability.
A1: The Los Angeles County Fair Workweek Ordinance is a set of regulations designed to improve work conditions for retail employees by mandating advance scheduling, compensating for last-minute changes, and ensuring adequate rest between shifts. It applies to retail employers in the unincorporated areas of Los Angeles County with 300 or more employees globally.
A2: The ordinance will go into effect on July 1, 2025.
A3: The ordinance applies to retail employers with 300 or more employees globally, including those hired through contracts or temporary employment agencies, and retail subsidiaries or franchisees operating large retail establishments (15,000 square feet or more).
A4: Retail employees who work at least two hours a week within the unincorporated areas of Los Angeles County are covered by the ordinance.
A5: Employers must provide employees with their work schedules at least 14 days in advance. This notice can be given through physical posting in a common area or electronically.
A6: Employers must provide written notice of any changes. Employees have the right to decline changes, and if they accept, their consent must be documented. Predictability pay may apply for last-minute changes.
A7: A good faith estimate is a written prediction of an employee’s expected work hours, including the number of hours, days, times of day, and work locations. It should be based on realistic expectations and provided before hiring and upon request.
A8: The good faith estimate must be provided in English, Spanish, and any other language spoken by at least 10% of the workforce.
A9: Predictability pay compensates employees for last-minute changes to their schedules. Employers must pay one additional hour at the employee’s regular rate for each change to the date, time, or location of a scheduled shift. If hours are reduced, employees must be compensated at half their regular rate for the lost time.
A10: Yes, predictability pay is not required when the employee requests the change, accepts a change due to another employee’s absence, or if the change results in overtime hours, among other specific conditions.
A11: Employers must ensure that employees have at least ten hours of rest between shifts. If an employee agrees to work without this rest period, they must provide written consent and be paid at 1.5 times their regular rate for each hour worked without the rest period.
A12: Employers must offer additional hours in writing and in the primary languages of the workforce at least 72 hours before hiring new staff. Current employees have 48 hours to accept the offer.
A13: Employers must use a fair and equitable distribution method to allocate the hours among employees.
A14: Employers must keep records of work schedules, good faith estimates, schedule changes, predictability pay, and offers of additional hours for at least three years.
A15: Failure to maintain the required records creates a rebuttable presumption that the employer has violated the ordinance.
A16: Employers can face fines up to $500 per section of the ordinance violated, and up to $1,000 for retaliation against employees. Repeat violations within three years may result in increased fines. The maximum annual penalty is $20,000 per retail employee and $30,000 for retaliation.
A17: The DCBA is responsible for inspecting records, investigating violations, enforcing the ordinance, and imposing penalties. They also provide necessary forms and notices in the primary languages.
Disclaimer: The content provided on this webpage is for informational purposes only and is not intended to be a substitute for professional advice. While we strive to ensure the accuracy and timeliness of the information presented here, the details may change over time or vary in different jurisdictions. Therefore, we do not guarantee the completeness, reliability, or absolute accuracy of this information. The information on this page should not be used as a basis for making legal, financial, or any other key decisions. We strongly advise consulting with a qualified professional or expert in the relevant field for specific advice, guidance, or services. By using this webpage, you acknowledge that the information is offered “as is” and that we are not liable for any errors, omissions, or inaccuracies in the content, nor for any actions taken based on the information provided. We shall not be held liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, use of, or reliance on any content on this page.
With a Baccalaureate of Science and advanced studies in business, Roger has successfully managed businesses across five continents. His extensive global experience and strategic insights contribute significantly to the success of TimeTrex. His expertise and dedication ensure we deliver top-notch solutions to our clients around the world.
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