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Predictable scheduling rule takes effect in Emeryville, Calif.

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in Compensation and Benefits,Human Resources

San Francisco’s famously employee-friendly ordinances continue to set the standard in neighboring cities. Emeryville, across the bay from San Francisco and next door to Oakland, re­­cently passed a fair workweek ordinance that patterns itself on San Francisco’s Retail Workers Bill of Rights.

The Emeryville ordinance applies to larger retail and fast food employers, and has strict scheduling requirements.

Emeryville’s Fair Workweek Employment Standards became effective on July 1, 2017. The standards apply to retail employers with at least 56 employees globally and fast food employers with at least 56 employees globally and 20 or more employees within the city of Emeryville. To be covered under the ordinance, employees must perform at least two hours of work per calendar week within the city of Emeryville.

Before an employee starts working, covered employers must provide a written, good faith estimate of the employee’s work schedule. The employee may then ask the employer to modify the schedule, a request the employer must consider. The employer retains sole discretion to accept or reject a modification and must give the employee written notice of its decision before or upon the start of employment.

Covered employers must provide employees two weeks’ advance notice of their work schedules, either by posting the written schedule in a conspicuous, readily accessible place at work or by sending an email or other electronic message.

A covered employer must notify an employee of any changes to his or her posted schedule via in-person conversation, telephone call, email, text message or other electronic communication.

Employees may decline any previously unscheduled hours, and the employer owes “predictability pay” when the employer adds or subtracts hours or moves to another date or time, cancels or adds a previously unscheduled shift.

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