Los Angeles County recently joined the cities of Los Angeles, Berkeley, San Francisco, San Jose, and Emeryville, Calif.; New York City; Philadelphia; Chicago; Seattle; and Oregon as jurisdictions that have enacted “fair workweek” legislation, also referred to as predictive scheduling.

Similar to the City of Los Angeles’s Fair Work Week Ordinance, the county’s ordinance will apply only to retail businesses that have at least 300 employees worldwide (including franchises and those employed through temporary staffing agencies). Employees of such businesses who qualify for minimum wage and perform at least two hours of work in a workweek in the unincorporated area of Los Angeles County will be covered by the ordinance, which contains a host of scheduling and recordkeeping requirements. It is scheduled to go into effect on July 1.

Good-Faith Estimate

Employers will be required to provide workers with a written, good-faith estimate of their work schedule before hiring and within 10 days of a current employee’s request. The ordinance specifies that while the good-faith estimate is not a binding contract, “if a retail employee’s actual hours, days, location, or shifts worked substantially deviate from the good-faith estimate of work schedule, the retail employer must have a documented, legitimate business reason, unknown at the time of providing the good-faith estimate of work schedule, to substantiate the deviation.” Further, the ordinance defines substantial deviation as when...

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