Los Angeles County recently approved a fair workweek ordinance, which goes into effect on July 1, 2025. This new ordinance is similar to the City of Los Angeles’ fair workweek ordinance and seeks to provide good-faith schedule estimates, ensure rest between shifts and offer extra hours to current employees before hiring new ones.
Covered Employers/Employees
This new ordinance applies to businesses identified in the North American Industry Classification System (NAICS) within the retail trade categories and subcategories 44 through 45 (i.e., primarily retail and grocery employers) with at least 300 employees globally. Retail employees who work at least two hours within the unincorporated county of Los Angeles are covered by the ordinance.
Requirements
Los Angeles County’s fair workweek ordinance creates new responsibilities for covered employers and protections for covered employees, including:
- Advanced notice of work schedules and schedule changes: Employers must provide work schedules to employees at least 14 days in advance and give written notice if any changes are made to it. The employee has a right to decline any changes. However, if an employee chooses to consent to the change voluntarily, they must do so in writing.
- Right to rest: Employers must provide at least 10 hours of rest between shifts unless they obtain written consent from an employee for a shorter period. For each shift that an employee didn’t receive the 10-hour break, the employer must pay a premium of time and one-half.
- “Predictability pay” for changes to work schedules: “Predictability pay” is paid to employees when changes are made to their work schedule. For each schedule change that doesn’t result in the loss of time to the employee or does result in additional work time that exceeds 15 minutes, employees receive one additional hour of pay at the employee’s regular rate. If the employer changes the start or end time of the shift by at least 15 minutes or reduces their scheduled work time, employees must be paid one-half of their regular rate of pay for the time they don’t work. This pay is in addition to the payment of regular wages for the shift. However, predictability pay is not required under certain circumstances, such as if the employee requested the schedule change.
- Offering work to existing employees: Employers must provide current qualified employees with the opportunity for additional work at least 72 hours before hiring a new employee, contractor or temporary employee. Current employees have a 48-hour window to accept before the employer can hire others.
- Good-faith estimate for new hires: Before hiring an employee, an employer must provide a written, good-faith estimate of the new employee’s work schedule within 10 days of the employee’s request. If the actual work hours substantially differ from the estimate, the employer will have to document a legitimate business reason unknown at the time of the estimate.
- Right to request changes to work schedule: Employees have the right to request a preference for certain work hours, times or locations, and if the employer denies the request, it must do so in writing with a reason for the denial.
- Coverage for missing work shift: Employers cannot require an employee to find coverage for shifts or partial shifts that the employee cannot work for reasons protected by law.
- Notice, posting and recordkeeping: Employers must post a notice informing employees of their rights under the ordinance. An electronic communication constitutes written notice. The notice must be posted annually in means English, Spanish and any other language spoken by at least ten percent of the retail employees at a retail employer workplace or job site. Covered employers must retain records for three years.
Employees who assert their rights under the ordinance are protected from retaliation.
In addition to reviewing their current scheduling practices and policies, covered employers should keep an eye out for any additional regulations and guidance that Los Angeles County may publish to assist with the ordinance’s implementation. For example, the county has indicated that it will provide certain templates to assist employers.
Vanessa M. Greene, J.D., Employment Law Subject Matter Expert, CalChamber
CalChamber members can read more about Los Angeles City’s Fair Workweek Ordinance on HRCalifornia. Not a member? See what CalChamber can do for you.
