Berkeley, Calif. recently joined Los Angeles, San Francisco and Emeryville, Calif.; New York City; Philadelphia; Chicago; Seattle; Euless, Texas; and Oregon as jurisdictions that have enacted fair workweek legislation.

The Berkeley Fair Work Week Ordinance will apply to businesses that employ at least 10 employees in Berkeley that are:

• primarily engaged in the building services, healthcare, hotel, manufacturing, retail, or warehouse services industries, and employ 56 or more employees globally; or
• primarily engaged in the restaurant industry, and employ 100 or more employees globally; or
• franchisees primarily engaged in the retail or restaurant industries and associated with a network of franchises with franchisees employing in the aggregate 100 or more employees globally; or
• not-for-profit corporations in the above industries and employing 100 or more employees globally.

Employees who qualify for minimum wage and perform at least two hours of work in a workweek in Berkeley will be covered by the ordinance, which contains a host of scheduling and recordkeeping requirements. The ordinance will take effect in January 2023; however, it will not become operative until 2024.

Employers are required to provide all new employees with an initial estimate of minimum hours they will be expected to work on their first day of employment. Other jurisdictions have required such estimates to identify the actual days the employee will be expected to work and a narrowly tailored range of...

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