Seyfarth Synopsis: Are you prepared for it? The record-smashing icon, Taylor Swift, could have taken her tour to Europe, however that doesn’t cease new legal guidelines from cropping up again house. The Los Angeles County Board of Supervisors handed the Honest Work Week Ordinance on April 9, 2024, which is ready to enter impact on July 1, 2025, for retail employers situated within the unincorporated areas of Los Angeles County. However we’ve seen this remix: it intently tracks the Metropolis of Los Angeles’ Honest Work Week Ordinance.
Lengthy Story Quick
Honest Work Week Ordinances have cropped up in virtually as many places as Taylor Swift’s Eras tour, together with Oregon, Chicago, New York Metropolis, Philadelphia, Seattle, and a number of other California cities resembling Berkeley, San Francisco, Emeryville, and Los Angeles. The Los Angeles County Honest Work Week Ordinance would be the first county-wide ordinance in California.
The Who’s Who of Who Is Coated
I believe we’ve seen this movie earlier than. The “Retail Employers” definition within the Ordinance mirrors the definition within the LA Metropolis Honest Work Week Ordinance, which encompasses entities recognized as retail companies within the North American Business Classification System (NAICS)’s retail commerce classes, and subcategories 44 by means of 45, that make use of at the very least 300 workers worldwide. People employed by staffing companies and sure subsidiaries and franchises depend towards the 300-employee threshold.
Below the Ordinance, “Retail Workers” consists of people who:
- Carry out at the very least two hours of labor inside the unincorporated areas of Los Angeles County,
- Qualify for minimal wage underneath California legislation, and
- Are assigned a major work location and duties that assist retail operations (like retail shops or warehouses).
Don’t Make Workers Wait And Marvel If You’re Ever Coming Round
This Ordinance would require coated employers to supply estimates and advance discover of labor schedules.
- Good Religion Scheduling Estimate. To keep away from unhealthy blood, employers should present a great religion estimate of labor schedules to potential workers earlier than rent (and embody a Discover of Retail Worker’s Workweek Rights), and to present workers inside 10 calendar days of a request.
- Advance Discover. Coated workers should obtain their work schedule a fortnight, or 14 calendar days prematurely of the work interval, and so they have a proper to say no any hours not included in it. If an employer modifications the work schedule after the 14-day interval, it will need to have documented consent from impacted workers.
- Proper To Converse Now About Schedule Adjustments. The Ordinance codifies workers’ proper to request most well-liked hours, occasions, or places of labor. Employers aren’t obligated to grant these requests, however should settle for or deny the requests in writing.
Predictability Pay We Know All Too Nicely
Identical to the LA Metropolis Honest Work Week Ordinance, workers shall be entitled to “predictability pay” for modifications made to their work schedule inside the discover interval underneath sure circumstances. Employers will owe one hour of compensation on the common fee of pay for any change to a scheduled date, time, or location that ends in no lack of hours or ends in including greater than quarter-hour of labor.
Each the Ordinance and the LA Metropolis corollary require employers to pay half an worker’s common fee of pay when an employer modifications the beginning or finish time of a shift leading to a lack of greater than quarter-hour. Nonetheless, the Ordinance requires fee of this quantity underneath a number of further circumstances, together with when (1) time is subtracted from a shift earlier than or after the worker studies to work; (2) the employer modifications the date of a shift; (3) the employer cancels a shift; or (4) the employer schedules the worker for an on-call shift if the worker isn’t known as in.
The exceptions to predictability pay are the identical underneath this Ordinance and the LA Metropolis Ordinance:
- Worker-initiated schedule modifications;
- Workers who settle for a schedule change as a result of one other worker’s absence;
- Adjustments due for violating any legislation or insurance policies;
- Work operations are compromised pursuant to legislation; or
- When workers settle for further hours or work further hours that require fee of time beyond regulation.
Employers Should Keep Keep Keep With Present Workers
Employers should supply further hours to present certified workers at the very least 72 hours earlier than hiring a brand new worker, contractor, or non permanent rent (until doing so would require the employer to pay time beyond regulation charges).
Clean House Between Shifts
The Ordinance matches the LA Metropolis prohibition of employers scheduling workers to work shifts that begin lower than ten hours from an worker’s final shift with out written consent and fee of time and a half for every hour of that subsequent shift.
Who Makes use of Typewriters, Anyway? – Posting and Discover Necessities
Employers should publish the required Discover in a conspicuous place in English, Spanish, and another language spoken by at the very least 10% of the workers at a office.
Employers should additionally keep present and former workers’ information (together with work schedules, copies of written affords to employers for added work hours, and good religion estimate work schedules) for 3 years.
Penalties If You Do One thing Unhealthy
Employers who violate the Ordinance might be topic to penalties as much as $500 per violation (and as much as $1,000 for retaliating in opposition to an worker who complains of violations) payable to the worker. Not like the LA Metropolis Ordinance, violations of this Ordinance don’t accrue day by day penalties. Nonetheless, employers might be topic to day by day administrative penalties as much as $20,000 yearly per violation per worker—aside from a retaliation violation, which has a most annual penalty and wonderful of $30,000 per worker.
Office Options
Retail employers within the unincorporated areas of Los Angeles County ought to intently look at their scheduling practices and report retention procedures to substantiate they’re able to adjust to this new legislation by July 2025. Coated employers must also guarantee their payroll departments are able to deal with predictability pay. Not like Taylor Swift, you don’t must do it with a damaged coronary heart. You probably have questions relating to compliance, please attain out to the authors or your favourite Seyfarth lawyer.
Edited by Cathy Feldman and Coby Turner