On November 22, 2022, the Los Angeles City Council unanimously passed the Fair Work Week Ordinance (“FWWO”). Set to take effect in April 2023, the new law imposes significant requirements on retail employers in the City of Los Angeles with respect to both scheduling and hiring. It follows in the footsteps of similar predictive scheduling laws already on the books in other major cities, including San Francisco, Seattle, New York City, Chicago and Philadelphia.

Although the FWWO is bad news for retailers, its scope is relatively narrow. To be covered, an employer must (1) be identified as a retail business by the North American Industry Classification System and fall within retail trade categories 44 through 45, and (2) have 300 or more employees globally (including employees placed through a temporary service or staffing agency, employees of the employer’s subsidiary, and some franchise employees). Any employee who qualifies for minimum wage and performs at least two hours of work in a workweek in the City is covered by the FWWO.

Some of the FWWO’s more notable provisions include the following:

• Two Week Notice Requirement for Work Schedules. Under the FWWO, employers will be required to notify their employees of their work schedule at least 14 calendar days before the start of the work period, either by posting the schedule in a conspicuous and accessible place in the workplace or by providing the schedule electronically to employees. Any subsequent changes to an employee...

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