Los Angeles Fair Work Week for Retail Employees

Attention Retail Employees!

Are you working in the retail sector in the City of Los Angeles? The Los Angeles Fair Work Week Ordinance (FWWO) grants you additional rights than state law and requires that employers give you fair notice (at least 14 days) of your work schedule, the right to decline last minute schedule changes, adequate rest between shifts (at least 10 hours), and additional pay when you accept changes to your work schedule after it has been set. The Fair Work Week Ordinance does not apply to restaurant or fast-food establishments.

Learn more about your rights below.

Your Rights Under the Fair Work Week Ordinance

1. Good Faith Estimate of Work Schedules:
   • Employers must provide a good faith estimate of your work schedule at the time of hiring and upon request.
2. Advance Notice of Work Schedules:
   • You must receive your work schedule at least 14 days in advance.
3. Right to Decline Schedule Changes:
   • You have the right to decline any schedule changes made less than 14 days before the start of the work period.
4. Predictability Pay:
   • If your employer makes changes to your schedule with less than 14 days’ notice, you are entitled to predictability pay.
5. Rest Between Shifts:
   • You must have at least 10 hours of rest between a closing shift and an opening shift unless you consent in writing and are paid time-and-a-half premium for the second shift.

Common Violations

Common violations of the Los Angeles Fair Work Week Ordinance include:

• Failing to provide work schedules 14 days in advance of a worker’s scheduled shift.
• Failing to pay predictability pay for schedule changes made within 14-days of an employee’s scheduled shift.
• Scheduling employees to work closing and opening shifts without 10 hours of rest in between without the required time and a half (1.5) premium pay.

If your rights under the Los Angeles FWWO have been violated, your employer may be required to pay you significant civil penalties in addition to your unpaid wages.

Who is Covered?

The Los Angeles Fair Work Week Ordinance applies to:

• Retail employees who work at least two hours within the City of Los Angeles for a covered employer including full-time, part-time, temporary, and seasonal workers.
• Retail businesses with at least 300 employees globally.
• Employees that are not otherwise exempt from overtime under California law.

What is Predictability Pay?

Predictability Pay is a key component of the Los Angeles Fair Work Week Ordinance (FWWO), designed to compensate employees for last-minute changes to their work schedules. Predictability pay is owed to employees when an employer makes changes to their work schedule with less than 14 days’ notice. This includes:

1. Adding or Subtracting Hours: Any increase or decrease in the number of hours an employee is scheduled to work.
2. Changing the Date or Time: Any change to the start or end time of a shift, or moving a shift to a different date.
3. Changing the Location: Any change to the location where the employee is scheduled to work.
4. On-Call Shifts: If an employee is scheduled for an on-call shift and is not called in to work, or if they are called in but the hours differ from the initial schedule

Under each of these scenarios, employees may be entitled to an additional hour (or more) of predictability pay on top of their regular wages.

What to Do If Your Employer Violates the Fair Work Week Ordinance

1. Keep Accurate Records: Keep documents showing last minute schedule changes, the hours you worked, and your paystubs.
2. Consult an Attorney: Contact a lawyer who specializes in wage and hour cases to review your situation.

Do I need to act now?

Yes, if you believe that your fair work week rights have been violated you should act as quickly as possible. Through statutes of limitations, the law limits the time you have to bring suit. If you do not take legal action within the time provided by the applicable statute of limitations, some or all of your claims may be barred and recovery denied.

The Los Angeles Fair Work Week Ordinance requires employees to bring claims for violations within three years.

Do I have to pay to consult with an attorney?

We are happy to talk with you about your potential claims free of charge. If we decide to represent you in a lawsuit, we will enter into a written contingent fee agreement with you. A contingent fee agreement means we only get paid if we win, and that we will receive our fees from the amount paid by the Defendant in the case.

Please contact us to discuss the details of your case. You may:

1. Use the contact form on this page
2. Email info@bm.net
3. Call 800-419-6044

About Berger Montague

Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. The firm is active in the fields of antitrust, commercial litigation, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For more than 55 years, Berger Montague has played lead roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, Washington, D.C., and Wilmington, DE.