LOS ANGELES FAIR WORK WEEK ORDINANCE

Los Angeles Municipal Code ch. XVIII, art. 5

in effect

Los Angeles Municipal Code § 185.00 PURPOSE.

SEC. 185.00. PURPOSE. The Los Angeles economy includes over 140,000 Angelenos working in the retail sector. According to a recent University of California at Los Angeles (UCLA) study, eight in ten retail workers have unpredictable, last- minute, and fluctuating work weeks over which they have no control. Approximately 77 percent of retail workers receive less than one week notice of their schedules or changes to their schedules. The unpredictability of work schedules endemic in the retail industry creates many socioeconomic burdens on workers of large retail businesses. For example, the inability to predict the number of hours retail employees will actually work or the reduction of scheduled work hours leads to income insecurity. Further, unpredictable scheduling makes it difficult for workers to arrange childcare. Forty-five percent of workers who need childcare cannot use childcare services because of erratic work schedules. Unpredictable scheduling also makes it difficult for retail workers to pursue educational goals. Forty-three percent of student retail workers missed classes due to scheduling conflicts. Retail workers who work a store’s closing shift and then work the next day’s opening shift work what is known as “clopening” shifts. Workers scheduled for “clopening” shifts often have less than ten hours rest between shifts. At least 44 percent of retail workers have experienced “clopening” shifts. When workers do not have an adequate time of rest between shifts, they are unable to care for themselves and their families. Many retail workers are assigned part-time schedules and face underemployment. Large retailers often maintain a 24-hour window of shopping time, which requires additional workers. When retail employers have an increased demand for work, some retailers choose to hire additional part-time or temporary workers instead of offering the additional hours to their existing part-time workers. The UCLA study found that over 70,000 retail workers desire more hours and the majority of them want to work forty hours or more each week. Cities and states across the country have responded to a growing call for a more predictable work week. Seattle, San Francisco, New York, Philadelphia, and Oregon have adopted laws that protect working families by ensuring stable and predictable work hours, opportunities for additional work hours, healthier work weeks with adequate rest, and a greater voice in deciding when and how many hours to work. The City of Los Angeles has consistently championed its workers by adopting laws designed to protect workers’ rights and improve their socioeconomic status. For example, the City has adopted the Minimum Wage and the Living Wage Ordinances, the Citywide Hotel Worker Minimum Wage Ordinance, the First Source Hiring Ordinance, and various Worker Retention Ordinances. The City, as a provider of social services, has a significant interest in the promotion of improved working conditions and better wages for retail workers. This ordinance seeks to promote the health, safety, and welfare of retail workers in the City by providing them with a more predictable work schedule that ensures stability for themselves and their families and the opportunity to work more hours. Retail workers that are rested, able to plan for childcare, and rely less on the City’s social services benefit the City.

Los Angeles Municipal Code § 185.01 DEFINITIONS.

SEC. 185.01. DEFINITIONS. The following definitions shall apply to this article: A. “City” means the City of Los Angeles. B. “Designated Administrative Agency” means the Office of Wage Standards (OWS) of the Bureau of Contract Administration, which shall bear administrative responsibilities under this article. C. “Employee” means any individual who: 1. In a particular work week performs at least two hours of work within the geographic boundaries of the City for an Employer; and 2. Qualifies as an employee entitled to payment of a minimum wage from any Employer under the California minimum wage law as provided under Section 1197 of the California Labor Code and wage orders published by the California Industrial Welfare Commission. For purposes of this article, a worker is presumed to be an Employee of an Employer, and an Employer has the burden to demonstrate that a worker is a bona fide independent contractor and not an Employee. D. “Employer” means any Person who: 1. Is identified as a retail business in the North American Industry Classification System (NAICS) within the retail trade categories and subcategories 44 through 45; and 2. Directly, indirectly or through an agent or any other Person, including through the services of a temporary service or staffing agency, exercises control over the wages, hours, or working conditions of any Employee; and 3. Has 300 employees globally. For purposes of determining the number of employees of an Employer, the following shall be included: (a) Any employee over whom the Employer directly, or through an agent or any other Person, including through the services of a temporary service or staffing agency, exercises control over the wages, hours, or working conditions. (b) Any employee of an Employer’s subsidiary provided that the subsidiary is identified as a retail business pursuant to Section 185.01 D.1. (c) Any employee of any Person operating a business pursuant to a Franchise, provided that the franchisee’s business is over 15,000 square feet and identified as a retail business pursuant to Section 185.01 D.1. Any Person or business whose employees are included in the count of total employees of the Employer, including those identified in Subsections 3.(b) and 3.(c) above, qualifies as an Employer for purposes of this section. E. “Franchise” means a contract or agreement, either expressed or implied, whether oral or written, between two or more persons by which: 1. A franchisee is granted the right to engage in the business of offering, selling, or distributing goods or services under a marketing plan or system prescribed in substantial part by a franchisor; and 2. The operation of the franchisee’s business pursuant to that plan or system is substantially associated with the franchisor’s trademark, service mark, trade name, logotype, advertising, or other commercial symbol designating the franchisor or its affiliate; and 3. The franchisee is required to pay, directly or indirectly, a Franchise fee. F. “On-Call Shift” means any Shift for which an Employee must, less than 24 hours in advance of the start of the Shift, either contact the Employer or Employer’s designee, or wait to be contacted by the Employer or Employer’s designee, for the purpose of determining whether the Employee must report to work. G. “Person” means any person, association, organization, partnership, business trust, limited liability company, or corporation. H. “Predictability Pay” means the compensation paid to an Employee for changes made by an Employer to an Employee’s Work Schedule as described in Section 185.06. Predictability Pay shall be calculated on an hourly basis at the Employee’s regular rate of pay. This compensation is in addition to any wages earned for work performed by that Employee. I. “Shift” means the consecutive hours an Employee is required to work including meal and rest periods. J. “Work Schedule” means 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.

Los Angeles Municipal Code § 185.02 GOOD FAITH ESTIMATE.

SEC. 185.02. GOOD FAITH ESTIMATE. A. Before hiring an Employee, an Employer shall provide each new Employee a written good faith estimate of the Employee’s Work Schedule. B. The good faith estimate shall notify a new Employee of their rights under this article. In the alternative, the Employer may provide the new Employee with a copy of the poster required by Section 185.11. C. An Employer shall provide a written good faith estimate of an Employee’s Work Schedule within ten days of an Employee’s request. D. A good faith Work Schedule estimate shall not constitute a binding, contractual offer. However, if an Employee’s actual work hours substantially deviate from the good faith estimate, an Employer must have a documented, legitimate business reason, unknown at the time the good faith Work Schedule estimate was provided to the Employee, to substantiate the deviation.

Los Angeles Municipal Code § 185.03 RIGHT TO REQUEST CHANGES TO WORK SCHEDULE.

SEC. 185.03. RIGHT TO REQUEST CHANGES TO WORK SCHEDULE. An Employee has a right to request a preference for certain hours, times, or locations of work. An Employer may accept or decline the request, provided that the Employer notify the Employee, in writing, of the reason for any denial.

Los Angeles Municipal Code § 185.04 WORK SCHEDULE.

SEC. 185.04. WORK SCHEDULE. A. An Employer shall provide an Employee with written notice of the Employees’ Work Schedule at least 14 calendar days before the start of the work period by any one of the following: 1. Post the Work Schedule in a conspicuous and accessible location where Employee notices are customarily posted and visible to all Employees; or 2. Transmit the Work Schedule by electronic means or another manner reasonably calculated to provide actual notice to each Employee. B. Changes to the Work Schedule. 1. An Employer shall provide written notice to an Employee of any Employer initiated changes to the Work Schedule that occur after the advance notice required under Section 185.04 A. 2. An Employee has a right to decline any hours, Shifts or work location changes not included in the Work Schedule. If an Employee voluntarily consents to work hours or Shift changes not included in the Work Schedule, the consent must be in writing.

Los Angeles Municipal Code § 185.05 ADDITIONAL WORK HOURS OFFERED TO CURRENT EMPLOYEES BEFORE HIRING NEW WORKERS.

SEC. 185.05. ADDITIONAL WORK HOURS OFFERED TO CURRENT EMPLOYEES BEFORE HIRING NEW WORKERS. A. Before hiring a new Employee or using a contractor, temporary service or staffing agency to perform work, an Employer shall first offer the work to current Employees if: 1. one or more of the current Employees is qualified to do the work as reasonably determined by the Employer; and 2. the additional work hours would not result in the payment of a premium rate under California Labor Code Section 510. B. An Employer shall make the offer for additional work hours contemplated by this section to each current Employee either in writing or by posting the offer in a conspicuous location in the workplace where notices to Employees are customarily posted. C. An Employer shall make the offer for additional work hours contemplated by this section to current Employees at least 72-hours prior to hiring any new Employee, using a contractor, temporary service or staffing agency. Upon receipt of the offer, an Employee shall have 48-hours to accept the offer of additional hours in writing. Upon the expiration of the 48 hour period, 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. At any time during the 72-hour period, if 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 new Employees or retain a contractor, temporary service or staffing agency. If more current Employees accept the offer to work than hours are available, the Employer shall award the hours using a fair and equitable distribution method or as specified in the Rules and Regulations. D. An Employee who accepts additional hours pursuant to this section shall not be entitled to Predictability Pay for those additional hours if it results in a schedule change from the Work Schedule.

Los Angeles Municipal Code § 185.06 PREDICTABILITY PAY FOR WORK SCHEDULE CHANGES.

SEC. 185.06. PREDICTABILITY PAY FOR WORK SCHEDULE CHANGES. A. An Employer shall provide the following Predictability Pay: 1. When an Employee has agreed to a change in their Work Schedule pursuant to Section 185.04 B., an Employer shall compensate the Employee with one additional hour of pay at the Employee’s regular rate for each change to a scheduled date, time or location that: (a) does not result in a loss of time to the Employee; or (b) does result in additional work time that exceeds 15 minutes. 2. An Employer shall compensate an Employee at one-half of the Employee’s regular rate of pay for the time the Employee does not work if the Employer reduces the Employees work time listed in the Work Schedule by at least 15 minutes. B. Predictability Pay shall not be required if: 1. An Employee initiates the requested Work Schedule change. 2. An Employee accepts a schedule change initiated by an Employer due to an absence of another scheduled Employee. The Employer must communicate to the Employee that acceptance of the hours is voluntary and the Employee has a right to decline. 3. An Employee accepts additional hours pursuant to Section 185.05. 4. An Employee’s hours are reduced due to the Employee’s violation of any existing law or of the Employer’s lawful policies and procedures. 5. The Employer’s operations are compromised pursuant to law or force majeure. 6. Extra hours worked require the payment of an overtime premium under California Labor Code Section 510.

Los Angeles Municipal Code § 185.07 COVERAGE FOR MISSING WORK SHIFT.

SEC. 185.07. COVERAGE FOR MISSING WORK SHIFT. An Employer may not require an Employee to find coverage for a Shift or partial Shift if the Employee is unable to work for reasons protected by law.

Los Angeles Municipal Code § 185.08 REST BETWEEN SHIFTS.

SEC. 185.08. REST BETWEEN SHIFTS. An Employer shall not schedule an Employee to work a Shift that starts less than ten hours from the Employee’s last Shift without the Employee’s written consent. An Employer shall pay an Employee a premium of time and a half for each Shift not separated by at least ten hours.

Los Angeles Municipal Code § 185.09 RETENTION AND INSPECTION OF RECORDS.

SEC. 185.09. RETENTION AND INSPECTION OF RECORDS. A. An Employer shall retain all records required by this article, for both current and former Employees, for a period of three years. These records include: 1. Work Schedules for all Employees; 2. Copies of written offers to Employees for additional work hours and written responses from Employees; 3. Written correspondence between the Employer and Employee regarding Work Schedule changes including, but not limited to, requests, approvals, and denials; 4. Good faith estimates of hours provided to new and existing Employees; and 5. Any other records the DAA may require to demonstrate compliance with this article. B. An Employer shall provide timely access to records to the DAA pursuant to Section 188.03.

Los Angeles Municipal Code § 185.10 ELECTRONIC NOTICE.

SEC. 185.10. ELECTRONIC NOTICE. An electronic communication shall be deemed written notice for purposes of this Article.

Los Angeles Municipal Code § 185.11 NOTICE AND POSTING OF EMPLOYEE RIGHTS.

SEC. 185.11. NOTICE AND POSTING OF EMPLOYEE RIGHTS. Every Employer shall post the notice published each year by the DAA, pursuant to Section 188.03 A., informing Employees of their rights under this article. Every Employer shall post notices in English, Spanish, Chinese (Cantonese and Mandarin), Hindi, Vietnamese, Tagalog, Korean, Japanese, Thai, Armenian, Russian and Farsi, and any other language spoken by at least 5 percent of the Employees at the workplace or job site.

Los Angeles Municipal Code § 185.12 RETALIATORY ACTION PROHIBITED.

SEC. 185.12. RETALIATORY ACTION PROHIBITED. No Employer shall discharge, reduce in compensation or otherwise discriminate against any Employee for opposing any practice proscribed by this article, for participating in proceedings related to this article, for seeking to enforce their rights under this article by any lawful means, or for otherwise asserting rights under this article.

Los Angeles Municipal Code § 185.13 NO WAIVER OF RIGHTS.

SEC. 185.13. NO WAIVER OF RIGHTS. A waiver by an Employee of any provision in this article shall be deemed contrary to public policy and shall be void and unenforceable.

Los Angeles Municipal Code § 185.14 COEXISTENCE WITH OTHER AVAILABLE RELIEF.

SEC. 185.14. COEXISTENCE WITH OTHER AVAILABLE RELIEF. The provisions of this article shall not be construed as limiting an Employee’s right to obtain relief to which they may be entitled at law or in equity.

Los Angeles Municipal Code § 185.15 CONFLICTS.

SEC. 185.15. CONFLICTS. Nothing in this article shall be interpreted or applied so as to create any power or duty in conflict with any federal or state law.

Los Angeles Municipal Code § 185.16 SEVERABILITY.

SEC. 185.16. SEVERABILITY. If any subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this section, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Source: City of Los Angeles, Charter and Codes (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/los_angeles/latest/lamc/0-0-0-361181Fetched: 10/24/2026