In today’s employment climate, workforce scheduling isn’t just an operational issue—it’s a legal one. With increasing scrutiny over wage and hour practices, California employers must understand the boundaries when it comes to scheduling flexibility. While California has not adopted “predictive scheduling” mandates on a statewide level, that doesn’t mean employers are in the clear. Local ordinances, case law, and existing Wage Order obligations all come into play.
Here are five key scheduling considerations that sophisticated employers in California must understand:
1. No Statewide Predictive Scheduling—Yet
There is currently no state-level law requiring predictive scheduling in California. However, that hasn’t stopped individual municipalities from stepping in.
Local Ordinances to Watch:
Los Angeles’ Fair Work Week Ordinance mandates that certain retail employers provide 14 days’ advance notice of schedules and penalizes last-minute changes. Other jurisdictions, like San Francisco and Emeryville, have enacted similar rules for specific industries.
Legislative Landscape:
The California Legislature regularly considers predictive scheduling proposals—SB 878 (2016) being one of the more ambitious attempts. It would have required 28 days’ advance scheduling for retail, grocery, and restaurant workers. While no such bill has become law as of 2025, employers should expect continued efforts in this area.
Key Takeaway:
Even in the absence of a statewide mandate, California...
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