Who is covered by the Berkeley Fair Workweek Law?
- Beginning January 12, 2024, the Berkeley Fair Workweek Ordinance (BMC § 13102) establishes fair scheduling practices for certain employers licensed to do business within, or employing persons performing work within, the geographic boundaries of the City of Berkeley, CA.
- The Fair Workweek Law applies to employers with 10 or more employees in the City of Berkeley that are:
- Primarily engaged in the building services, healthcare, hotel, manufacturing, retail, or warehouse services industries, and employs 56 or more employees (globally)
- Primarily engaged in the restaurant industry, and employs 100 or more employees (globally)
- A retail or restaurant industry franchisee and the network of franchises employs in the aggregate 100 or more employees (globally)
- A non-profit corporation with 100 or more employees (globally)
- The Fair Workweek Law covers employees who perform at least two (2) hours of work per week within city limits.
Who must post the Berkeley Fair Workweek Poster?
- To inform employees of their rights under the Fair Workweek Law, covered employers must post the Berkeley Fair Workweek Poster prominently in areas at the work site where it can be seen by all employees. (BMC § 13.102.100)
- In addition to providing each new employee written notification of the employer’s name, address, and telephone number in writing, a covered employer must provide new hires with written notification of their rights under the Fair Workweek Law.
- The Fair Workweek Poster and written notification must be in English, Spanish, and Simplified Chinese.
- Any employer who fails to post or provide the required notices is subject to an administrative citation.
What information does the Berkeley Fair Workweek Poster provide?
The Fair Workweek Poster informs employees that:
- Employers must provide new employee with a written estimate of their work schedule.
- Employers must provide employees with at least 14 days’ notice of their work schedules.
- Before hiring new employees, employers must offer available hours to existing part-time employees.
- Employees are allowed to decline back-to-back shifts without adequate rest.
- Employees may request flexible work arrangements.
- Provides information and a table reflecting the amounts of predictability pay an employee is entitled to receive for last-minute scheduling changes.
- Employees are protected from employer retaliation and provides City contact information to report violations.