California’s Predictive Scheduling Laws

Predictive scheduling laws protect workers from last-minute schedule changes that disrupt their lives and reduce their income. These rules apply most often in industries where employees face unstable hours, such as retail, hospitality, and food service. In California, predictive scheduling is not yet a statewide mandate, but several cities have enacted strong local ordinances. 

If your city has enacted the predictive scheduling laws and you are facing disruptive schedule changes that reduce your income, contact our Orange County wage and hour lawyers at Aegis Law. Schedule your free consultation today.

What Predictive Scheduling Means

Predictive scheduling, sometimes called “fair workweek” rules, requires employers to give employees advance notice of their schedules. These laws stop employers from making sudden changes without proper compensation. They also protect employees from being sent home early without pay or being forced to wait “on call” without guaranteed hours.

Key protections usually include:

• Advance notice: Employers must provide written schedules a set number of days in advance, often two weeks.
• Predictability pay: If schedules change after posting, employees are entitled to extra pay for the inconvenience.
• Rest periods between shifts: Workers must have a minimum number of hours between shifts unless they consent otherwise.
• Right to decline last-minute shifts: Employees cannot be penalized for refusing unscheduled or short-notice work.

Local Predictive Scheduling Ordinances in California

California has no statewide predictive scheduling statute, but major cities have adopted their own laws.

Los Angeles

Passed its Fair Work Week Ordinance in 2022, effective April 2023.

• Applies to large retail businesses with 300 or more employees globally.
• Requires employers to post schedules at least 14 days in advance.
• Mandates premium pay for changes and prohibits retaliation against employees who assert rights.

San Francisco

Adopted the Retail Workers Bill of Rights in 2015.

• Applies to retail chains with 40 or more establishments worldwide.
• Requires two weeks’ advance notice of schedules.
• Imposes penalties on employers who add, cancel, or shorten shifts without sufficient notice.

Emeryville

Enacted the Fair Workweek Ordinance in 2017.

• Covers retail and fast-food employers with 56 or more employees globally.
• Requires 14 days’ notice of schedules and predictability pay for late changes.
• Provides workers with the right to rest at least 11 hours between shifts.

Other California cities continue to consider adopting similar ordinances, and pressure is building for a statewide law.

Common Employer Violations

Despite these protections, many employers attempt to skirt the rules. Common violations include:

• Failing to post schedules with the required advance notice.
• Canceling or cutting shifts at the last minute without predictability pay.
• Pressuring workers to accept short-notice shifts without additional compensation.
• Ignoring the required rest period between shifts.
• Retaliating against employees who complain about schedule abuses.

What Rights Do Employees Have in Cities Without Predictive Scheduling Ordinances?

Employees in California cities without a local predictive scheduling ordinance still have important rights under state law:

Reporting Time Pay (Statewide Right)

Under California’s wage orders, if an employee reports to work as scheduled but is given less than half of their scheduled shift, the employer must pay:

• At least two hours of pay for the day, even if the shift is cut short.
• Up to four hours of pay if more than half of the shift was scheduled.

This protects employees from losing all income when shifts are canceled or cut after they arrive.

Split Shift Premiums

If an employee works a “split shift” (for example, 9 a.m. – 1 p.m. and then 5 p.m. – 9 p.m.), employers must pay an additional split shift premium equal to one hour at minimum wage.

Overtime and Rest Protections

State law requires:

• Overtime pay when employees work more than eight hours in a day or 40 hours in a week.
• Proper meal and rest breaks, with penalties if employers fail to provide them.

Retaliation Protections

All employees cannot be punished for asserting wage and hour rights.

If your employers has changed your schedule and it has caused a disruption in your life and a reduced income, contact our Orange County wage and hour attorneys at Aegis Law today.