Simplify compliance with Los Angeles Fair Workweek

Frequently asked questions

• What is the Los Angeles Fair Workweek Ordinance?

  The City of Los Angeles Fair Work Week Ordinance (FWWO) is being implemented to provide workers of large retail businesses with stable and predictable schedules, opportunities to become full-time employees and other employment protections. The Ordinance will go into effect on April 1, 2023 with an initial grace period of 180 days focused on employer education and outreach. Full enforcement of the FWWO, including fines and penalties, will begin on September 28, 2023.

  Who is considered a covered employer and employee by the Los Angeles Fair Workweek Ordinance ?

  A covered employer is any retail business under the NAICS retail categories 44-45 that has at least 300 employees globally, and exercises control, directly or indirectly over the wages, hours or worker conditions of any employee.

  A covered employee is any individual who, in any particular week, performs at least two (2) hours of work within the geographic boundaries of the City of Los Angeles for a covered employer, and who is entitled to earn the California minimum wage (a nonexempt employee).

  All covered employees are entitled to the benefits and protections of the Fair Workweek law, regardless of immigration status or employment status whether they are full-time, part-time, seasonal, or temporary.

• Where can I find a copy of the Los Angeles Fair Workweek Ordinance notice?

  Information about the ordinance can be found here at the website of the Office of Wage Standards Los Angeles here.

• What kind of rest breaks between shifts are required?

  Employers must obtain a covered employee’s written consent before scheduling any shift that starts less than ten (10) hours after the covered employee’s previous shift and, even if the employee consents, the employer must also paythem time and a half for the shift following the insufficient rest period. This is known as a clopening shift.

• What are the consent requirements in the new Fair Workweek law?

  Employees are allowed to decline to work any hours, shifts, or work location changes not included in the original posted work schedule. If an employee voluntarily consents to the change, the consent must be in writing and the employer also must pay predictability pay in addition to the employee’s normal wages, unless the change falls under one of exceptions to predictability pay.

• What is predictability pay in Los Angeles?

  Unless an exception applies, covered employers must pay predictability pay in addition to the employee’s normal wages, whenever they change the employee’s work schedule. The amount of predictability pay depends on whether the schedule change results in a loss of work time, an addition of work time, or no net change in the amount of hours the employee is scheduled to work. 

• What is a good faith estimate of work schedule?

  A good faith estimate is just that – an estimate of the days, hours and locations the employee can expect to work. Employers must provide covered employees with a written Good Faith Estimate of their work schedule before hiring (new employees) and within ten (10) days of the covered employee’s request (current employees). If a covered employee's actual work hours substantially deviate from this estimate, the Employer must substantiate this deviation and issue an updated good faith estimate.