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Fair Work Week Ordinance: Los Angeles City Joins the Fray - Lexology
Seyfarth Synopsis:The holidays aren’t the only thing around the corner. The City of Los Angeles’ proposedFair Work Week Ordinanceis poised to place new onerous scheduling requirements on retailers. TheLos Angeles City Councilvoted to pass the ordinance on November 22, 2022, and it is slated to go into effect in April 2023. Among other things, these requirements will require employers to provide schedules two weeks in advance, and penalize employers who are unable to adhere to provided schedules.
While the California legislature has considered predictive scheduling laws, to date, these laws have only passed at the local level. Los Angeles is about to join cities such as San Francisco, San Jose, and Emeryville by enacting a Fair Work Week Ordinance. (Berkeley has also introduced a similar ordinance, but it has not yet passed.)
The proposed ordinance defines an employer as any retail business with over 300 employees globally. Notably, individuals employed through staffing agencies, and employees of certain subsidiaries and franchises count towards the 300 person total.
To be considered an employer under the ordinance, entities must also identify as a retail business in the North American Industry Classification System (NAICS) within retail trade categories and subcategories 44 through 45. (These categories include establishments primarily engaged in retailing merchandise and rendering services incidental to the sale of merchandise.)
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