Advance Notice
The required time period employers must provide schedules to employees before the start of a work period.
What Is Advance Notice for Scheduling?
Advance notice in the context of employment scheduling refers to the minimum amount of time an employer must give employees before a work schedule takes effect. Under California's local predictive scheduling and fair workweek ordinances, covered employers must provide work schedules a specified number of days before the first scheduled shift.
The standard advance notice requirement in California cities with scheduling laws is 14 days. This means if a schedule period begins on Monday, the schedule must be posted and distributed to employees by the Monday two weeks prior.
Why Advance Notice Matters
For Workers
Adequate advance notice allows employees to:
| Benefit | How It Helps |
|---|---|
| Plan childcare | Arrange babysitters, coordinate with partners, schedule daycare |
| Manage second jobs | Avoid scheduling conflicts, maintain multiple income sources |
| Attend school | Register for classes, complete coursework, plan study time |
| Handle medical appointments | Schedule doctors visits, therapy, and other healthcare |
| Maintain relationships | Plan social activities, family events, personal commitments |
| Budget effectively | Know expected income, plan expenses accordingly |
For Employers
Advance notice requirements also benefit businesses:
- Reduced absenteeism: Workers can identify conflicts early
- Lower turnover: Schedule stability improves retention
- Better planning: Forces proactive demand forecasting
- Improved morale: Workers feel respected and valued
- Fewer last-minute scrambles: Issues addressed before shift day
California Advance Notice Requirements
San Francisco
Under the Formula Retail Employee Rights Ordinances:
| Requirement | Details |
|---|---|
| Notice period | 14 days minimum |
| Posting method | Conspicuous location at workplace |
| Individual notice | Must also provide to each employee |
| Electronic delivery | Permitted with employee consent |
| Effective date | Original law 2015, increased to 14 days in 2016 |
Los Angeles
The Fair Work Week Ordinance requires:
| Requirement | Details |
|---|---|
| Notice period | 14 days minimum |
| Good faith estimate | At hire, then updated as needed |
| Schedule content | All shifts with dates, times, and locations |
| Posting | Written or electronic, accessible to all |
| Changes | Predictability pay required after posting |
Emeryville
The Fair Workweek Ordinance specifies:
| Requirement | Details |
|---|---|
| Notice period | 14 days minimum |
| Initial estimate | Good faith estimate at hire |
| Schedule format | Written, with clear identification of shifts |
| Accessibility | Available to employees at all times |
| Documentation | Must maintain records for 4 years |
What Must Be Included in Advance Notice
Schedule Content Requirements
A compliant advance notice schedule must include:
For each employee:
- Name or identifier of the employee
- All scheduled work days during the notice period
- Start time for each shift
- End time for each shift
- Work location (if variable)
- Total expected hours for the period
Additional information:
- Date the schedule was posted
- Method and date of employee notification
- Contact information for questions or concerns
Format Requirements
| Aspect | Requirement |
|---|---|
| Language | In language employee can understand |
| Accessibility | Posted where employees can easily view |
| Preservation | Copy maintained for records |
| Individual notice | Must reach each affected employee |
Counting the Advance Notice Period
How to Calculate 14 Days
The advance notice period is calculated as calendar days, not business days:
Example timeline:
- Schedule period: February 1-14
- First day of schedule: February 1 (Saturday)
- 14 days before: January 18 (Saturday)
- Schedule must be posted by: January 18
Best practice: Post schedules 15-16 days in advance to ensure compliance even if there are posting delays.
When the Clock Starts
The advance notice period begins when the schedule is:
- Posted at the workplace in the required location, AND
- Provided to each affected employee
Both requirements must be met. Posting alone is not sufficient if employees haven't received individual notice.
Electronic Notice Timing
For electronic delivery:
- Email sent is generally the notice date
- Must confirm employee has access to email/app
- Consider time zones for remote workers
- Document delivery with timestamps
Changes After Schedule Posting
What Triggers Premium Pay
Once the advance notice deadline passes, schedule changes trigger "predictability pay":
| Change Type | Typical Premium |
|---|---|
| Adding a shift | 1 hour of pay |
| Extending shift hours | 1 hour of pay |
| Changing shift times | 1 hour of pay |
| Reducing hours (24+ hours notice) | 1 hour of pay |
| Reducing hours (< 24 hours notice) | Half of cancelled hours |
| Cancelling shift (< 24 hours notice) | Half or full scheduled pay |
Exceptions to Premium Pay
Schedule changes may not require premium pay when:
Employee-initiated changes:
- Employee requests shift change
- Employee trades shifts with coworker
- Employee requests time off
- Must be documented as employee-initiated
Mutual agreement:
- Both parties agree in writing
- Cannot be coerced or mandatory
- Each instance must be documented
Operational necessity:
- Natural disaster
- Utility failure
- Public emergency
- Unexpected building closure
Disciplinary reasons:
- Employee sent home for documented misconduct
- Must follow disciplinary policies
- Cannot be pretextual
Good Faith Estimate Requirements
At Time of Hire
Before or at the start of employment, covered employers must provide:
Written estimate including:
- Expected average hours per week
- Anticipated work days (e.g., Monday-Friday)
- Expected shift times (e.g., typically mornings)
- Primary work location
- Whether on-call shifts may be required
Example good faith estimate:
Good Faith Schedule Estimate
Employee: Jane Smith
Position: Sales Associate
Hire Date: January 15, 2025
Expected weekly hours: 25-30 hours
Expected schedule: Tuesday through Saturday
Typical shift times: 10:00 AM - 4:00 PM or 2:00 PM - 8:00 PM
Primary location: Downtown Store, 123 Main Street
On-call requirements: May be scheduled for on-call shifts up to
2 times per month
Updating the Estimate
Good faith estimates should be updated when:
- Employee's regular hours change significantly
- Work location changes permanently
- Shift times change systematically
- On-call requirements change
Significant deviation from the estimate without update may be evidence of a violation.
Compliance Strategies
Building a Compliant Scheduling Process
Weekly schedule workflow:
| Day | Action |
|---|---|
| Monday (3 weeks out) | Review sales forecasts, events, expected traffic |
| Tuesday (3 weeks out) | Collect employee availability updates |
| Wednesday (3 weeks out) | Draft preliminary schedule |
| Thursday (3 weeks out) | Review for compliance issues |
| Friday (3 weeks out) | Manager approval of schedule |
| Saturday (2 weeks out) | Post schedule and notify employees |
| Sunday (2 weeks out) | Verify all employees received notification |
Creating Schedule Buffers
To avoid last-minute changes:
- Cross-train employees: More flexibility to cover gaps
- Build in flex shifts: Schedule slightly over anticipated need
- Maintain call list: Workers who want extra hours
- Use data: Predict demand more accurately
- Plan for absences: Assume some percentage won't make every shift
Technology Tools
Modern scheduling software helps ensure advance notice compliance:
- Automated reminders: Alert managers before posting deadline
- Template schedules: Start from previous successful schedules
- Compliance checks: Flag potential violations before posting
- Distribution tracking: Confirm employees received schedules
- Change documentation: Record modifications with timestamps
Documenting Advance Notice Compliance
Records to Maintain
| Document | Retention Period |
|---|---|
| Posted schedules | 3-4 years |
| Delivery confirmations | 3-4 years |
| Good faith estimates | Duration of employment + 3-4 years |
| Change requests (employee-initiated) | 3-4 years |
| Predictability pay records | 3-4 years |
Best Practices for Documentation
- Timestamp everything: Use systems that automatically record dates and times
- Get acknowledgments: Have employees sign or electronically confirm receipt
- Save all versions: Keep original schedule and any modified versions
- Note exceptions: Document reasons when changes don't require premium pay
- Regular audits: Review records quarterly for completeness
Common Advance Notice Violations
Violation Examples
| Situation | Why It's a Violation |
|---|---|
| Posting schedule 10 days before start | Less than required 14 days |
| Posting but not notifying individual employees | Must provide individual notice |
| Verbal schedule only | Must be in writing |
| Schedule in English only (non-English speaking workers) | Must be accessible |
| No good faith estimate at hire | Required at start of employment |
Consequences of Violations
Administrative penalties:
- Up to $500-$1,000 per violation per employee
- Cumulative penalties for multiple violations
Private lawsuits:
- Unpaid predictability pay
- Damages
- Attorney's fees
- Injunctive relief
Reputational harm:
- Negative publicity
- Difficulty recruiting
- Damaged employee relations
Advance Notice in Other Jurisdictions
How California Compares
| Jurisdiction | Advance Notice Requirement |
|---|---|
| San Francisco | 14 days |
| Los Angeles | 14 days |
| Emeryville | 14 days |
| Seattle | 14 days |
| New York City | 72 hours (fast food) |
| Oregon (statewide) | 14 days |
| Chicago | 14 days |
Trend Toward Longer Notice
Early predictive scheduling laws required only 7 days notice. The trend has moved toward 14 days as the standard, reflecting:
- Worker advocacy for more stability
- Recognition that 7 days is insufficient for planning
- Employer demonstration that 14 days is operationally feasible
- Consistency across jurisdictions
Industry-Specific Considerations
Retail
- High variability in demand requires careful forecasting
- Seasonal peaks need advance planning
- Employee preferences matter for retention
- Cross-training essential for flexibility
Food Service
- Weather affects traffic significantly
- Events and promotions impact staffing needs
- High turnover makes scheduling challenging
- Part-time workforce common
Healthcare
- Patient census fluctuates
- Regulatory staffing minimums apply
- Overtime costs make prediction important
- On-call traditions may need updating
Hospitality
- Seasonal patterns strong
- Events drive staffing requirements
- Multiple shifts per day common
- Split shifts and clopening issues prevalent
Preparing for Future Requirements
Steps to Take Now
Even if not currently covered by advance notice laws:
- Assess current practices: How far in advance do you post schedules?
- Identify gaps: Where do compliance problems typically occur?
- Implement systems: Begin using compliant processes and technology
- Train managers: Build scheduling competency throughout organization
- Document everything: Start maintaining records now
Watching for Changes
Stay informed about:
- Expansion of local ordinances
- State-level legislation proposals
- Changes to covered employer definitions
- Updates to notice period requirements
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