1. Scope of the FWWO: Which Employers and Employees are Affected?
Effective from April 1, 2023, Los Angeles’ Fair Work Week Ordinance (FWWO) is a vital legislation specifically targeting the retail sector within the City. Attorneys highlight that this ordinance directly impacts businesses fitting a certain criterion. To fall under this regulation, employers must have over 300 employees worldwide, operate within specific retail trade categories (NAISCS 44-45), and exercise control over employee wages, hours, or working conditions. On the employee side, any worker clocking in at least two hours within Los Angeles and satisfying Labor Code section 1197 conditions is governed by the FWWO.
2. The “Good Faith Estimate” of Work Schedules
Before hiring, the FWWO mandates employers to offer a written “good faith estimate” of prospective work schedules. This isn’t a binding contract, but deviations from it need a valid business reason. For awareness and compliance, California Employment Law Attorneys recommend that employers should also familiarize new hires with their rights under the FWWO or provide them with the ordinance’s official poster. Upon request, current employees should receive this estimate within ten days.
3. Ensuring Predictability in Pay and Scheduling
Predictability is central to the FWWO’s objectives. Retail employers are obligated to provide work schedules at least 14 days in advance. If changes occur within this period, the employee can decline any shifts not previously listed. But, if they accept the altered hours, it should be documented in writing. More so, the ordinance stipulates a “predictability pay” for schedule changes. This pay structure has specific rates for varied circumstances like increased hours or location changes. There are, however, exceptions where “predictability pay” is waived, and for those nuances, consultation with Los-Angeles California Employment Law Attorneys can offer clarity.
4. Additional Provisions under the FWWO
The ordinance goes beyond just predictable scheduling. There are rights for employees to prefer certain working hours or locations. Before bringing in new hires, existing employees should be offered additional work hours. Other critical provisions include record maintenance requirements, employee rights notifications, and stipulations against back-to-back shifts without adequate breaks. For an in-depth understanding, retailers often turn to Employment Law Attorneys to navigate these mandates.
5. Addressing Violations: Penalties and Cure Periods
Non-compliance has repercussions. The City can impose penalties up to $500 for each violation per employee. But employees aren’t without recourse – they, or their representatives, can pursue legal remedies under the ordinance. Thankfully, the FWWO does offer a 15-day “cure period,” allowing employers to rectify violations upon receiving written notice before any formal complaints are lodged.
This FWWO is a pioneering step in Los Angeles’ commitment to ensure fairness in the workplace, particularly in the retail sector. While state-level initiatives with similar aims are yet to pass, ordinances like the FWWO serve as a benchmark. For those keen on understanding the broader context and historical precedent, a similar story from California might offer valuable insights. Employers are advised to keep abreast of these changes, and when in doubt, always seek guidance from professional legal counsels to ensure full compliance.
