Emeryville's Fair Workweek Ordinance
Emeryville, CA passed an ordinance earlier this year called the Fair Workweek Employment Standards. The following is a summary of the different provisions:
Advance Notice of Schedules - Included here are both a good faith estimate of minimum hours and times scheduled to work, as well as a mandate for a minimum of 2 weeks advance in posting of schedules.
Notice, Right to Decline, and Compensation for Schedule Changes - Notice must be provided for employer-initiated changes to posted schedules (you might be thinking, "Is that really necessary to put into law?" but you'd be surprised). Employee has right to decline any hours employer seeks to add with less than 14 days notice. When a schedule change is sought by the employer with less than 14 days notice and is accepted by the employee, the employee is entitled to "predictability pay" compensation. If the change is made more than 24 hours in advance, the compensation is one additional hour of pay per changed shift. If the change is made less than 24 hours in advance, the compensation is four hours of pay for hours cut, or one hour of pay for any other changes.
Offer of Work to Existing Employees - When opportunities arise in which the employer has more labor hours to cover than existing employees are scheduled for, the employer must offer the hours to current employees before hiring new employees. Currently part-time employees are entitled to voluntarily take on extra hours up to 35 hours weekly. Only after all desiring and eligible employees are scheduled at least 35 hours weekly, and coverage needs still exist, is the employer allowed to hire new employees to cover the additional coverage gaps.
Right to Rest - Employee has the right to decline any work hours that are scheduled less than 11 hours after the end of a previous shift. The employee may agree to work the hours, in which case the employee must be compensated at 1.5 times their regular rate of pay.
Right to Request a Flexible Schedule - Employee has the right to request changes to availability and hours. This provision doesn't require the employer to grant any requests. It simply ensures the employee has the right to request without fear of retaliation (which, trust me, is not uncommon. Managers will sometimes reduce total hours as a measure of discouraging too many requests.)
Employers are subject to $500 fines for violations, $1,000 fines for retaliation against employees who exercise the rights provided in the ordinance, and potential litigation from employees.
Advance Notice of Schedules - Included here are both a good faith estimate of minimum hours and times scheduled to work, as well as a mandate for a minimum of 2 weeks advance in posting of schedules.
Notice, Right to Decline, and Compensation for Schedule Changes - Notice must be provided for employer-initiated changes to posted schedules (you might be thinking, "Is that really necessary to put into law?" but you'd be surprised). Employee has right to decline any hours employer seeks to add with less than 14 days notice. When a schedule change is sought by the employer with less than 14 days notice and is accepted by the employee, the employee is entitled to "predictability pay" compensation. If the change is made more than 24 hours in advance, the compensation is one additional hour of pay per changed shift. If the change is made less than 24 hours in advance, the compensation is four hours of pay for hours cut, or one hour of pay for any other changes.
Offer of Work to Existing Employees - When opportunities arise in which the employer has more labor hours to cover than existing employees are scheduled for, the employer must offer the hours to current employees before hiring new employees. Currently part-time employees are entitled to voluntarily take on extra hours up to 35 hours weekly. Only after all desiring and eligible employees are scheduled at least 35 hours weekly, and coverage needs still exist, is the employer allowed to hire new employees to cover the additional coverage gaps.
Right to Rest - Employee has the right to decline any work hours that are scheduled less than 11 hours after the end of a previous shift. The employee may agree to work the hours, in which case the employee must be compensated at 1.5 times their regular rate of pay.
Right to Request a Flexible Schedule - Employee has the right to request changes to availability and hours. This provision doesn't require the employer to grant any requests. It simply ensures the employee has the right to request without fear of retaliation (which, trust me, is not uncommon. Managers will sometimes reduce total hours as a measure of discouraging too many requests.)
Employers are subject to $500 fines for violations, $1,000 fines for retaliation against employees who exercise the rights provided in the ordinance, and potential litigation from employees.
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