Overview of California predictive scheduling and Fair Workweek rules for employers in Berkeley, Emeryville, Los Angeles, San Francisco, and San Jose. See key coverage thresholds, scheduling notice rules, predictability pay, and extra hours obligations to reduce legal risk and worker disputes.
By Brad Nakase, Attorney
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One issue that has always been of concern to employers is the increasing labor costs. The alteration in the schedules, such as putting the employees on a four-day workweek or replacing the eight-hour shift with the six-hour one, is a particular tool that many employers have in their arsenal. It is, however, the responsibility of the employers to ensure that they do not contravene the predictive scheduling rules when they are making the adjustments to the schedules.
Predictive scheduling laws in California, or in other words, Fair Workweek, require employers to give workers prior notice of their schedules. Predictive scheduling can be used to calculate the amount employees are going to make in a week/month. It helps in attaining a healthier work-life balance. It provides the worker with time to set up child care, work second shifts, and get a more accurate estimate of the number of dollars they would earn in any given week.
Even though there are no general predictive scheduling laws in California, some larger towns have started to establish regulations concerning predictive scheduling to aid hourly employees. As they adjust employee hours in accordance with seasonal, pay, and business situations, businesses must be cognizant of the distinctions between each regulation. There are now regulations in Berkeley, Los Angeles, Emeryville, San Jose, and San Francisco that mandate notification of schedules and fines for noncompliance.
Even though predictive scheduling laws in California for each city are different, nearly all of them contain some provisions.
Employers must provide new hires with a good-faith estimation of their schedule before their first shift in Berkeley, Los Angeles, Emeryville, and San Francisco. Workers are entitled to request modifications to this suggested schedule, which their employer must take into account. Additionally, some cities mandate that companies notify workers of their work schedules at least 2 weeks in advance.
All of these statutes, with the exception of Los Angeles, mandate that companies notify workers in writing of any modifications made after the original posting. The Right to Decline has been established in each of these four cities. Any schedule modifications made after the first posting are subject to employee rejection. Employees are eligible to additional remuneration in the shape of predictability pay if they decide to accept the sudden modifications.
The Right to Rest & the Right to Ask for a Flexible Working Plan have also been established in Berkeley, Emeryville, & Los Angeles. Employees may refuse any shifts that start within a specific amount of time after the end of the preceding shift, thanks to the Right to Rest. Employees have the right to extra pay if they decide to take the shift. Employees who request a change in the job schedule or working conditions are shielded from reprisals by the Right to Request a Flexible Working Arrangement.
Employers in Berkeley, Los Angeles, Emeryville, San Francisco, & San Jose are required to provide current workers more hours before recruiting new workers in the event that more work becomes available. For employers to inform workers about their rights, each city mandates that the employer post a notice created by the city in a prominent location within the workplace. Lastly, every city has an official retention policy that mandates that employers maintain all documentation pertaining to adherence to the code.
The main peculiarities of the predictive scheduling laws in California in each of the cities are briefly described below.
1. Berkeley
Chapter 13.102 of the Berkeley Municipal Code applies to employers with 10 or more employees in Berkeley, or 56 (all other enterprises), or 100 (eating establishments, retail/restaurant franchises, or non-profit groups) overall employees worldwide.
The victims of domestic abuse have the right to request that their schedules not be disclosed to other employees or be made public, despite the fact that employers are obliged to give two weeks’ notice of the work schedules. Employers have to first provide extra hours to all temporary employees who have been on the job for at least two weeks, and they must give workers a day to consent to the offer.
2. Emeryville
All retail businesses with 56 or more workers worldwide and fast food businesses with 56 or more workers AND at least twenty workers in Emeryville are subject to Emeryville’s Ordinance Number 16-007. If an employee’s present part-time job would force them to work over thirty-five hours per week, employers are not obligated to offer them new work. Employers must give workers 72 hours to say yes to the offer if the additional employment is over fourteen days away; if it is fewer than fourteen days away, they simply need to give them 24 hours.
3. Los Angeles
Retail enterprises with at least 300 staff members worldwide, as determined by the North American Industry Classification System, are subject to City of Los Angeles Resolution Number 187710. If giving workers more hours might result in overtime pay, employers are not obligated to do so.
Before employing a new employee, businesses must provide the extra hours to their current employees for at least 72 hours. The offer can be accepted by current employees within 48 hours. In contrast to other cities, a legitimate collective bargaining contract cannot surrender the rights guaranteed by this legislation.
4. San Francisco
Articles 41 and 42 of the San Francisco Labor Code apply to commercial establishments that hire 20 or more individuals in San Francisco and have at least 40 employees worldwide, including estate service contractors working inside the city. San Francisco is the only city that offers extra worker protections. A general idea of equal consideration for both part-time and full-time workers is established by the ordinance. Employees must also be paid for on-call hours in which they weren’t summoned to work. Lastly, during a change of control, firms need to take extra care to retain workers.
5. San Jose
Businesses having 36 or more staff members are subject to San Jose Municipal Code Chapter 4.101. There is no provision for predictive scheduling, in contrast to other ordinances included here. Before recruiting new staff, firms are still required to give part-time workers more hours. However, if the extra time would result in overtime rates, employers are not required to offer overtime.
1. Berkeley
Berkeley has its own Fair Workweek rules. They sit in Chapter 13.102 of the city’s code. The idea is simple: give workers a clearer schedule and fewer surprises. Yet the details run deep.
Who the Law Covers
The rules apply to employers with at least ten workers inside Berkeley. But the total employee count matters too. Restaurants, franchise retail, and nonprofits must have 100 or more employees worldwide. Other types of businesses fall into the rule if they have at least 56 workers globally. So it’s not just local size. The global footprint counts.
Notice and Scheduling
Employers must give a good-faith estimate of hours and two weeks of advance schedules. If things change later, workers must be told. Employees may decline these sudden changes. Predictability pay kicks in when notice is late. It’s meant to discourage last-minute tinkering.
Extra Hours for Existing Workers
Part-timers get first priority. If shifts open up, they must be offered to workers who have been there at least two weeks. They get 24 hours to say yes. It’s a short window, but it prevents employers from hiring new people when existing staff want more hours.
Rest Gaps and Flexibility
Any shift that starts within 11 hours of the previous one can be declined. The employer must pay 1.5× for those hours if the worker accepts it. Employers must meet and respond in writing. If they deny it, they need a legit business reason.
Posting, Waivers, and Penalties
Notices must be posted in multiple languages. Rights can be waived only through a clear collective bargaining agreement. Records stay on file for three years. Penalties can reach $1,000 for retaliation & $500 per violation. There is $50 penalty per affected worker.
2. Emeryville
Emeryville enforces a Fair Workweek ordinance.
Who Must Follow It
Retail and fast-food employers with 56 or more global employees fall under this law. Fast-food businesses also need at least 20 workers inside Emeryville itself. So the city focuses on large chains, not tiny shops.
Schedules and Predictability
Two weeks’ notice is required. Employees get a good-faith estimate on expected hours. If employers change schedules, workers may again decline. Predictability pay applies. It’s a way of attaching a cost to last-minute changes.
Offering Extra Hours
Part-timers should get up to 35 total weekly hours before new hiring begins. Workers have 72 hours to accept if the shift is more than 14 days out. If it’s closer, they get 24 hours. It’s a bit more generous than Berkeley in timing.
Rest Periods and Flexibility
Like Berkeley, employees may refuse shifts that begin within 11 hours of the last one. If they choose to work, they earn 1.5× pay. The city also bars retaliation when workers ask for flexible schedules, which is important. But employers don’t have to grant every request.
Notice and Penalties
Posters must appear in English and Spanish. Rights can be waived through a clear collective bargaining agreement. Records stay for three years. Penalties also include $1,000 for retaliation & $500 per violation.
3. Los Angeles
Los Angeles uses Ordinance No. 187710, called the Retail Fair Workweek Ordinance. It’s for big retail brands.
Covered Employers
Only retail businesses with 300 or more global employees fall into this. So these are large chains. Not small boutiques.
Advance Notice and Changes
Employees must receive two weeks’ schedules and a good-faith hours estimate. Workers may decline changes. Predictability pay applies when the employer shifts hours late.
Offering Extra Hours
Extra hours should be offered to current workers unless it leads to overtime. Offers must go out at least 72 hours before new hires are brought in. Employees get 48 hours to accept.
Rest and Flexibility
Workers can reject shifts that begin within 10 hours of the last one. If they work anyway, the whole shift is paid at 1.5×. Employees may ask for preferred hours, locations, or times. They do not need to find someone to cover a missed shift.
Posting and Penalties
The poster list is long—English, Spanish, Chinese (both dialects), Hindi, Vietnamese, Tagalog, Korean, Japanese, Thai, Armenian, Russian, Farsi, and any language spoken by 5% of workers. No rights can be waived. Penalties can reach $500 per violation per worker, with extra fines for withheld predictability pay.
4. San Francisco
San Francisco uses Articles 41 and 42 of its Labor Code. These rules target “formula retail” employers—chains that operate at scale.
Who Is Covered
Retailers with at least 40 global stores and 20 or more workers in San Francisco are included. Property service contractors working at these sites are also covered.
Scheduling Requirements
The city requires a good-faith estimate, two weeks’ scheduling notice, and predictability pay for changes. It’s strict and similar to LA.
Extra Hours and Protections
Extra hours have to be offered to part-time employees till they reach 35 hours a week. Workers get 72 hours to respond. No right-to-rest rule exists. No formal right-to-flexibility rule either. But San Francisco adds unique rules: equal treatment for part-time workers, on-call pay, and change-in-control protections.
Posting and Penalties
Notices must be available in multiple languages. Waivers are allowed through collective bargaining. Records stay for three years. Penalties include $500 per eligible employee plus $50 for each violated right.
5. San Jose
San Jose’s Opportunity to Work Ordinance is simpler. It covers businesses with 36 or more employees.
Key Requirements
The law doesn’t impose scheduling notice rules. The main requirement is to offer available hours to existing workers before hiring new ones. If overtime results, employers don’t have to offer those hours.
Other Rules
There’s no right-to-rest protection. No flexibility request rules. Notices must be posted in any language spoken by 5% of employees. Rights may be waived in collective bargaining agreements. Recordkeeping lasts four years. Penalties run at $50 per worker per day.
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