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The city of Los Angeles (city) enacted a Fair Workweek Ordinance (FWWO), effective April 1, 2023, which creates new responsibilities for certain large retail businesses to provide predictable schedules, opportunities to work and other employment protections.
You can find out more information regarding the FWWO on the city's webpage, including Frequently Asked Questions, Rules and Regulations, and forms. You can also contact the city by phone at 1-844-924-3752 or via email at wagesla@lacity.org.
This page contains the following information:
A covered employer is any business that:
Workers employed through temporary services, staffing agencies, subsidiaries and certain franchises count toward the 300 global employee threshold. Employees of a franchise will count toward the 300 global employee threshold if the franchisee's business is over 15,000 square feet and identifies as a retail business pursuant to the NAICS.1
If the number of employees varies throughout the year, the current year's number of employees will be based upon the weighted average number of employees who worked for the employer for compensation per week during the previous calendar year.2 For more information, including examples of calculations, see the FWWO Rules and Regulations.
A covered employee is any individual who meets the following criteria, regardless of where the employer is located:
An employee is covered by the FWWO regardless of immigration status or whether the employee is full time, part time, seasonal or temporary. Time spent in the city solely for traveling through it — with no employment-related or commercial stops except for refueling or the employee's own personal meals or errands — is not covered by the FWWO. 4
To determine if a workplace lies within city limits, visit neighborhoodinfo.lacity.org.
This section contains information on covered employers' obligations:
A “good faith estimate” is defined as a “reasonable, fact-based prediction of an employee's work schedule that can be based on forecasts, prior hours worked by a similarly-situated employee, or other relevant information” that also reflects “a sincere intention to deal fairly and honestly with others.”5
Prior to hiring an employee, covered employers must provide each new employee with a written good faith estimate of the employee's anticipated “work schedule,” which is the schedule of the hours, days and times, including on-call shifts, when an employer requires an employee to work or be on-call to work.6
The following information should be including with a good faith estimate:
The good faith estimate must indicate the date it was provided to the employee and must notify a new employee of their rights under the FWWO.8 As an alternative, employers may provide new employees with a copy of the FWWO poster. Additionally, if a current employee requests a written estimate of their work schedule, the employer must provide it within 10 days of the request.9
Good faith written schedule estimates are not contractual offers. However, if there is a “substantial deviation” from the good faith estimated work schedule, employers must have a documented, legitimate business reason that was unknown at the time the estimate was provided to substantiate the deviation.10
In the context of a good faith estimate, “substantially deviate” means when any of the following scenarios occur in six out of 12 consecutive work weeks (when the differences are not due to documented employee-initiated/approved changes):
Covered employers must provide employees with written notice of their work schedule at least 14 calendar days before the start of the work period in one of the following ways:
The “work schedule” must be time stamped with its date of posting and must cover at least one workweek — which is any seven consecutive days, starting with the same calendar day each week. It must clearly indicate the start and end dates of the work period; the schedule of hours, days and times; and the location where an employee is scheduled to work — including on-call shifts.
Employers must provide written notice to employees if it initiates changes to the work schedule that occur after the advanced notice work schedule is provided. The employee has the right to decline any hours, shifts or location changes that were not included in the initial work schedule. If an employee voluntarily consents to working hours or shifts that were changed, the consent must be in writing. To the extent that the nature of the work does not require an employee to report into a specific location owned or operated by their employer, the work schedule does not need to include the location.13
Employers cannot schedule an employee to work a shift that starts less than 10 hours from the end of the employee's last shift without the employee's written consent (i.e., “clopening” shifts). If an employee agrees in writing to work a shift that starts less than 10 hours from the end of the employee's last shift, an employer must provide that employee with premium pay of time and a half for all hours worked in the second shift. However, premium pay is not required for any hours that require overtime pay.
The city provides the following example:
An employee’s shift on the previous day ended at 9 p.m. and their next day’s shift begins at 6 a.m. Because the shifts are separated by a rest period of less than 10 hours, the employer must provide premium pay of 1.5 times the employee’s regular rate of pay for the entire shift (excluding any hours that may be paid an overtime premium) that begins at 6 a.m. the next day.14
Split shifts, which are shifts that occur on the same workday, do not fall into the category of “clopening shifts” and do not trigger FWWO premiums.15
“Predictability Pay” refers to the compensation employers must pay to employees if the employer makes changes to an employee's work schedule. It is calculated on an hourly basis at the employee's regular rate of pay in the same manner as the regular rate of pay when calculating overtime premiums. This compensation is in addition to any wages earned for work performed by that employee.16
The city provides the following predictability pay schedule:17
Employer-Initiated Change |
Predictability Pay |
|---|---|
|
Increase in hours that exceeds 15 minutes |
One hour at the employee's regular rate of pay |
|
Change to the date, time or location (but no change in hours) |
One hour at the employee's regular rate of pay for each change |
|
Reduction of hours by at least 15 minutes |
Hours not worked at one-half the employee's regular rate of pay |
|
On-call shift when the employer doesn't call the employee to perform work |
Hours not worked at one-half the employee's regular rate of pay |
Predictability pay is not required if:
Before an employer hires a new employee or uses a contractor, a temporary service or staffing agency, the employer must first offer the work to current employees if:
“Current employee” means any “employee who works at the work location where additional hours are available, regardless of whether the Employee currently works in the same position for which the additional hours are available.” If it is a regular practice of the employer to schedule employees at multiple locations in the city, then all employees at locations shall be considered current employees.20
Employers must make the offer for additional work hours in writing or by posting the offer in a conspicuous location at the workplace where notices to employees are customarily posted. Employers must provide written notice of the offer for additional work to current employees at least 72 hours prior to hiring any new employee or third-party person. The notice must contain the following information:
If at any time during the 72-hour period the employer receives written confirmation from all its employees that they are not interested in accepting additional hours of work, the employer may immediately proceed with hiring outside assistance.
The employee has 48 hours to accept an offer of additional hours and must do so in writing. After the 48-hour period has expired, the employer may hire new employees or retain the services of a contractor, temporary service or staffing agency to work any additional hours not accepted for work by current employees.22
Employers must consistently apply the method they choose and retain documents justifying the distribution of hours in that manner. If more current employees accept the offer to work than hours are available, the employer must use a fair and equitable distribution method to administer the work, including, but not limited to any of the following methods:
An employee who accepts additional hours will not be entitled to predictability pay even if it results in a schedule change from the work schedule.24
Covered employees have a right to request a preference for certain hours, times or locations of work. Employers may then accept or decline the request; however, employers must notify the employee in writing of the reason for any denial.25
Employers cannot require an employee to find coverage for a shift or partial shift that the employee is unable to work for reasons protected by law, including the FWWO.26
Employers must post a notice informing employees of their rights under this ordinance in a conspicuous and accessible place at any workplace or job site where an employee works. The notice must be posted annually in English and any other language spoken by at least 5 percent of the employees at the workplace.27
Employers must also provide a copy of the notice to each employee at the time of hire, as well as provide a written document that includes the employer's name, address and telephone number. If the information the employer provided changes, it must provide the updated information to the employee in writing within 10 days of the change.28
Electronic communication constitutes written notice, and “written notice” or “in writing” includes typed and printed communications between employers and employees, including emails, text messages or communications sent via third-party applications.29
Covered employers must retain the following current and former employee records for three years:
Any documents that must also be retained in compliance with the city's Minimum Wage Ordinance must be maintained for a period of four years. This list is not exhaustive, it is the employer's responsibility to keep and maintain any records demonstrating compliance with the FWWO.31
The Los Angeles Office of Wage Standards (OWS) enforces the FWWO.32 The OWS must have access to all business sites subject to the FWWO during business hours for inspection and investigation of potential FWWO violations.33
There is an FWWO violation “cure period,” which means that before an employee can file either a complaint with the division or a civil action, the employee must provide written notice to the employer regarding which FWWO provisions the employer violated and the facts to support the alleged violations. The employer then has 15 days from receipt of the written notice to cure the alleged violation. If the employer does not make any attempts to cure, then the employee can proceed with filing either a complaint with the division or a civil action.34
The division has a detailed process for the investigation of potential violations and enforcement, including a detailed schedule of penalties based on the nature of the violation, which may be paid to employees and/or the city. For more information on the city's corrective action procedure, appeal process and assessment of penalties, refer to Section 188.05-188.11 of the ordinance.35
Employees who seek to enforce their rights under the FWWO by any lawful means are protected from retaliation and discrimination under the FWWO. Any adverse action taken against an employee within 90 days of the employee exercising these protected rights creates a rebuttable presumption of retaliation under the FWWO.36
1. Los Angeles Muni. Code sec. 188.01 (D); City of Los Angeles Fair Work Week Ordinance (FWWO), Frequently Asked Questions (FAQ), No. 18 (Sept. 26, 2023); City of Los Angeles Rules and Regulations Implementing the Fair Work Week Ordinance (FWWO Rules and Regulations) (Sept. 26, 2023), Reg. 2
2. FWWO Rules and Regulations, No. 2.2
3. Los Angeles Muni. Code sec. 188.01 (C); FWWO Rules and Regulations, No. 1; FWWO FAQ Nos. 7, 8, 9
4. Los Angeles Muni. Code secs. 185.01(J), 185.02(A)
5. FWWO Rules and Regulations at “Definitions;” Regulation No. 3
6. Los Angeles Muni. Code secs. 185.02(A), 185.01(J)
7. WWO FAQ No. 24
8. FWWO Rules and Regulations, No. 3
9. Los Angeles Muni. Code secs. 185.02 (B), 185.02(C)
10. Los Angeles Muni. Code sec. 185.02(D)
11. Los Angeles Muni. Code sec. 185.04(A)
12. Los Angeles Muni. Code sec. 185.04(A)
13. Los Angeles Muni. Code sec. 185.04(B); FWWO Rules and Regulations, No. 4; FWWO FAQ Nos. 31, 32
14. FWWO Rules and Regulations, No. 6, Example #1
15. FWWO FAQ No. 42
16. Los Angeles Muni. Code sec. 185.0(H); FWWO FAQ No. 53
17. Los Angeles Muni. Code sec. 185.06(A); FWWO Rules and Regulations No. 5
18. Los Angeles Muni. Code sec. 185.06(B); FWWO FAQ Nos. 43-52
19. Los Angeles Muni. Code sec. 185.05(A)
20. FWWO Rules and Regulations, No. 7
21. Los Angeles Muni. Code sec. 185.05(B-C); FWWO Rules and Regulations, No. 7.1
22. Los Angeles Muni. Code sec. 185.05(C)
23. FWWO Rules and Regulations, No. 7.2
24. Los Angeles Muni. Code sec. 185.05(D)
25. Los Angeles Muni. Code sec. 185.03
26. Los Angeles Muni. Code sec. 185.07
27. Los Angeles Muni. Code secs. 185.11, 188.03(A)
28. Los Angeles Muni. Code sec. 188.03(A)
29. Los Angeles Muni. Code sec. 185.10; FWWO Rules and Regulations, Definitions
30. Los Angeles Muni. Code sec. 188.09(A)
31. FWWO Rules and Regulations, No. 9
32. Los Angeles Muni. Code secs. 185.01, 188.00, 188.02
33. Los Angeles Muni. Code secs. 185.09, 188.03(C)
34. Los Angeles Muni. Code sec. 188.05; FWWO FAQ No. 61
35. Los Angeles Muni. Code secs. 188.05-188.11
36. Los Angeles Muni. Code secs. 185.12, 188.04