Los Angeles City Employee Postings and Requirements – New Ones

Los Angeles City Employee Postings and Requirements – New Ones

The City of Los Angeles is special.  Besides a new minimum wage coming July 1, 2023 of $16.78 (yes, check your payrolls), the Fair Work Week Ordinance (“FWWO”) took effect on April 1, 2023, which imposes new requirements on retail businesses with at least 300 employees globally and any working in Los Angeles City.  It includes a posting requirement, so do it now. Full enforcement of the FWWO, including fines and penalties, will begin on September 28, 2023.

Under the FWWO, workers of large retail businesses are entitled to get stable and predictable schedules, additional opportunities to work, and other employment protections.  Retail Employers with 300 or more employees globally (including employees from temporary or staffing agencies), who work at least two (2) hours within the City of Los Angeles are entitled to earn the California minimum wage, regardless of immigration status, full-time, part-time, seasonal, or temporary status.

So, those employers must:

• • •Give new Employees an estimate of hours before hiring them.

  • •Give current Employees the estimate within ten (10) days of an Employee’s request.

  • •And, if an Employee’s actual work hours substantially deviate from the estimate given, Employers must have a documented, legitimate, business reason that was unknown at the time of the estimate, to substantiate the deviation.

There’s more.  These retail employers must:

• •Engage with Employees on their preferences for certain times, hours, or locations for their Work Schedule. Employers may accept or decline requests, but the reason for a denial must be provided to Employees in writing.

• •Provide Employees advance notice of their Work Schedules at least 14 calendar days before the start of a work period, by posting the schedule in an accessible location or by electronically transmitting the schedule to them.

  •           ○If an Employer makes changes to an Employee’s Work Schedule with less than 14 days notice, the Employer must provide the Employee with written notice of those changes.
  •           ○Employees have the right to decline certain changes to their Work Schedule that are made with less than 14 days notice. If an Employee voluntarily consents to the changes, the consent must be in writing.

• •With certain exemptions, provide Predictability Pay for certain Employer-initiated changes to Work Schedules made with less than 14 days’ notice from the start of the work period, as set forth in the chart below:

• •Offer additional work hours to current Employees before hiring new Employees, giving employees 72 hours’ written notice of the availability of additional work hours if:

  •           ○one or more current Employees are qualified to do the work, and
  •           ○additional work hours would not result in the payment of overtime.

• •Provide Rest Between Shifts: Employers must obtain an Employee’s written consent before scheduling any Shift that starts less than ten (10) hours after the Employee’s last Shift and must pay Employees time and a half for the Shift following the insufficient rest period.

• •Allow Employees to miss shifts without finding coverage, if the Employee is unable to work for a reason protected by law.

• •Post the Office of Wage Standards notice in a conspicuous place at any workplace or job site in English, Spanish, Chinese (Cantonese and Mandarin), Hindi, Vietnamese, Tagalog, Korean, Japanese, Thai, Armenian, Russian and Farsi, and any other language spoken by at least five percent (5%) of the Employees at the workplace or job site.

• •Retain documentation of the following types of records for at least three (3) years:

• •           ○Work Schedules,
  •           ○Copies of written offers and responses for additional work hours,
  •           ○Written correspondence about Work Schedule changes,
  •           ○Good faith estimates of Work Schedules, and
  •           ○Any other records that may be required to comply with the FWWO.

There are Administrative Penalties and Fines for Violations.  Employers who violate the FWWO may have to pay restitution and penalties to each Employee whose rights have been violated. Employers may also be liable to the City of Los Angeles for a penalty of up to $50 per day that Predictability Pay is unlawfully withheld and additional administrative fines for other violations of the FWWO.  Each and every day that a violation exists constitutes a separate and distinct violation.  Any subsequent violation of the same provision by the same Employer within three years may result in a 50% increase in the maximum administrative fine allowed.

Your company’s success is important to us, so we want to keep you informed of new ordinances. Here at Epps & Coulson, LLP we work hard to keep you up-to-date with your employer requirements.  Please feel free to contact Dawn at: dcoulson@eppscoulson.com if you need assistance.

Information contained in this Memo is intended for informational and educational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.  It is likely considered advertising.  Epps & Coulson, LLP encourages you to call to discuss these matters as they apply to you or your business.

EPPS & COULSON, LLP
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