Who is covered by the City of Emeryville, CA Fair Workweek Ordinance?
The City of Emeryville, CA Fair Workweek Ordinance applies to:
- Retail firms with 56 or more employees globally.
- Fast food firms with 56 or more employees globally and 20 or more employees in Emeryville.
- The Ordinance applies to employees who work at least two hours of work per week within the geographic boundaries of the City.
What are the City of Emeryville, CA Fair Workweek Requirements?
- Initial estimate of minimum hours – Prior to starting the job, the employer must provide the employee with a good faith estimate in writing of their expected work schedule. Prior to starting the job, the employee may request modification of the estimated work schedule from the employer.
- Two weeks advance notice – Employers are required to provide employees with at least two weeks’ notice of their work schedules by posting in the workplace or transmitting electronically the employees’ work schedule at least every 14 days. An employer must provide a new employee with his or her initial two-week schedule prior to or on the employee’s start date, and thereafter be included on the work schedule with other employees.
- Schedule changes – An employer must provide an employee with notice of any change in the employee’s posted schedule by in-person conversation, telephone call, email, or text. This does not apply to changes the employee initiates. An employee may decline any previously unscheduled hours if the employee is given less than 14 days advance notice. Employers that change the schedule with less than 14 days notice are subject to “predictability pay” requirements.
- Predictability pay – An employer must compensate the employee for added, subtracted, moved, or cancelled hours with less than 14 days’ notice. The measure of predictability pay depends on the amount of notice given and whether hours are added, reduced, canceled or rescheduled. In general, predictability pay equals between one hour and four hours. An employee receives predictability pay in addition to the employee’s regular pay for working that shift. There are exceptions to this requirement, such as interruptions in business operations due to threats, lack of utilities, acts of nature and swapped shifts.
- Offer of work to existing employees – Before hiring new employees, the employer must first offer additional hours to existing part-time employees. Offers may be made in writing or by posting the offer in the workplace or electronically. How long a part-time employee has to accept depends on the expected duration of the additional work, after which an employer may hire new employees to work the additional hours.
- Flexible working arrangement – An employee may request a modified work schedule, including additional hours, changes in days or start and end times, permission to exchange shifts, limited availability, part-time employment, job sharing, etc. without retaliation.
- Notice of rights –Employers must post and give written notice to each employee (current and new) of their rights under the Ordinance. Employers may comply with the notice(s) published by the City.
- Enforcement – The fine for retaliating against an employee for exercising their rights under the law is $1,000. The fine for failure to timely post the work schedule, provide employees with notice of their rights, provide predictability pay, offer work to existing employees, or maintain required records is $500. Employees whose rights have been violated may file a complaint with the City or legal action against their employer.