Retail Scheduling

What Is Retail Scheduling?

Retail scheduling refers to the specific labor laws and local ordinances governing how retail employers schedule their employees in California. While California state law provides baseline protections, several cities have enacted "Fair Workweek" or "predictive scheduling" ordinances that impose additional requirements on retail employers.

These laws aim to provide retail workers with more stable, predictable schedules and protect them from last-minute changes that disrupt their lives.

California Cities with Retail Scheduling Laws

San Francisco Fair Workweek Ordinance

Effective: July 2015 (first in nation)

Covered Employers:

• "Formula retail" establishments with 40+ locations worldwide
• 20+ employees in San Francisco

Key Requirements:

Requirement	Details
Advance notice	14 days' notice of schedules
Predictability pay	Premium for schedule changes
Right to request	Employees can request schedule preferences
Right to rest	11 hours between shifts (or premium pay)
Offer hours to existing staff	Before hiring new employees
Good faith estimate	Provide estimated schedule at hire

Emeryville Fair Workweek Ordinance

Effective: July 2017

Covered Employers:

• Retail with 56+ employees globally
• Fast food with 56+ employees globally

Key Requirements:

Requirement	Details
Advance notice	14 days' notice of schedules
Predictability pay	1-4 hours' pay for changes
Right to rest	11 hours between shifts
Access to hours	Offer to existing employees first
Good faith estimate	At hire
Anti-retaliation	Protected activity

Los Angeles Fair Work Week Ordinance

Effective: April 2023

Covered Employers:

• Retail establishments with 300+ employees globally

Key Requirements:

Requirement	Details
Advance notice	14 days' notice of schedules
Predictability pay	Premium for changes within 14 days
Right to rest	10 hours between shifts
Access to hours	Offer to current employees before hiring
Good faith estimate	At time of hire
Written notice	Of scheduling rights

San Jose Opportunity to Work Ordinance

Effective: March 2017

Covered Employers:

• Employers with 36+ employees in San Jose

Key Requirements:

• Offer additional hours to existing part-time employees before hiring new staff
• Post notice of additional hours for at least 72 hours
• Does not include advance scheduling requirements

Understanding Predictability Pay

Predictability pay is the premium employers must pay when schedules change without adequate notice.

San Francisco Predictability Pay

Type of Change	Premium
Change with less than 7 days' notice	1-4 hours' pay (depends on length of change)
Adding hours	1 hour of pay
Subtracting hours	4 hours of pay or hours lost, whichever is less
Changing time (no change to total hours)	1 hour of pay
On-call shift not worked	2-4 hours of pay

Los Angeles Predictability Pay

Type of Change	Premium
Adding hours with less than 14 days' notice	1 hour of pay
Subtracting hours with less than 14 days' notice	Half the hours not worked
Changing date/time with less than 14 days' notice	1 hour of pay
On-call shift cancelled	Half the hours not worked

Exceptions to Predictability Pay

Most ordinances exclude:

• Employee-requested changes (document in writing)
• Shift swaps between employees (with employer approval)
• Mutually agreed schedule changes
• Emergencies beyond employer's control (natural disasters, utility failures)
• Changes due to threats to employees or property

Right to Rest Between Shifts

California retail scheduling laws often include "clopening" protections.

What Is a Clopening?

A "clopening" is when an employee closes a store late at night and opens it early the next morning, leaving minimal rest time.

Right to Rest Requirements

City	Minimum Rest	Alternative
San Francisco	11 hours	Pay 1.25× for hours within rest period
Emeryville	11 hours	Pay time-and-a-half for hours within rest period
Los Angeles	10 hours	Employee can consent in writing to shorter rest

Example: Clopening Premium

An employee in San Francisco earning $20/hour:

• Works until 11:00 PM Tuesday
• Scheduled to start at 7:00 AM Wednesday (8-hour gap)
• Missing 3 hours of the required 11-hour rest

Options for employer:

1. Reschedule to start at 10:00 AM (11 hours after closing)
2. Pay premium: First 3 hours at $25/hour (1.25×)

Good Faith Schedule Estimates

At the time of hire, covered employers must provide:

Required Information

• Median number of hours the employee can expect
• Whether on-call shifts are expected
• Days and times the employee can expect to work
• Location(s) where they will work

Updating Estimates

If significant changes occur:

• Provide updated estimate before the change
• Document the reason for the change
• Keep records of all estimates provided

Example Good Faith Estimate

Good Faith Schedule Estimate

Employee: Jane Smith
Position: Sales Associate
Hire Date: January 15, 2025

Expected Schedule:
- Median weekly hours: 25-30
- Primary days: Saturday, Sunday, Monday, Wednesday
- Primary hours: 10:00 AM - 6:00 PM
- On-call shifts: Approximately 2 per month
- Location: Main Street Store (may occasionally work at Oak Street location)

This estimate is not a guarantee of hours.

Offering Hours to Existing Employees

Before hiring new employees or using temporary agencies, employers must:

The Offer Process

1. Post available hours in a conspicuous location
2. Allow time to respond (typically 72 hours)
3. Consider responses from qualified current employees
4. Document the process including any rejections
5. Distribute hours fairly based on qualifications and seniority

Qualifying for Additional Hours

Employers may consider:

• Employee's qualifications for the work
• Performance record
• Availability for the shifts
• Whether overtime would be triggered (may be valid reason to pass over)

Documenting Offers and Responses

Record	Retention Period
Posted notices of available hours	3 years
Employee responses (acceptance/declination)	3 years
Rationale for assignment decisions	3 years
New hire justification (if hours not offered)	3 years

Compliance Strategies for Retail Employers

Schedule Planning Best Practices

1. Build schedules early: Start 3+ weeks out to allow proper posting
2. Use templates: Consistent schedules reduce changes
3. Buffer for variability: Schedule slightly under to avoid subtracting hours
4. Track employee preferences: Makes scheduling easier and reduces conflicts
5. Cross-train staff: More flexibility to cover without new hires

Managing Schedule Changes

Situation	Best Practice
Employee calls out	Offer shift to existing employees first
Unexpected busy period	Ask for volunteers before assigning
Slow period	Reduce hours in future schedules, not current
Employee requests change	Get request in writing

Technology Solutions

Modern retail scheduling platforms help by:

• Generating schedules 14+ days in advance
• Alerting managers to posting deadlines
• Tracking predictability pay automatically
• Documenting employee-initiated changes
• Managing shift swaps with approval workflows
• Calculating right-to-rest conflicts
• Facilitating hour offers to existing staff

Penalties for Non-Compliance

San Francisco

Violation Type	Penalty
Failure to provide advance notice	Predictability pay owed
Missing good faith estimate	$50 per pay period
Retaliation	Reinstatement + back pay + $1,000 penalty
Pattern of violations	Enhanced penalties

Los Angeles

Violation Type	Penalty
Per violation	$500 per employee per day
Retaliation	Additional penalties + reinstatement
Failure to keep records	$500 per employee

Emeryville

Violation Type	Penalty
Per violation	$1,000 per violation
Ongoing violations	$500 per day continuing
Retaliation	$1,000 + compensatory damages

Employee Rights Under Retail Scheduling Laws

Protected Activities

Employees are protected when they:

• Request their schedule or schedule changes
• Decline to work hours not in the posted schedule
• File complaints about scheduling violations
• Participate in scheduling-related investigations
• Inform others of their rights

Retaliation Prohibition

Employers cannot:

• Terminate or discipline for exercising rights
• Reduce hours in response to complaints
• Threaten employees regarding scheduling rights
• Discriminate in scheduling as punishment

Recordkeeping Requirements

Retail employers must maintain:

Record Type	Retention
Work schedules (as posted and actual)	3 years
Good faith estimates	3 years
Written schedule change consents	3 years
Offers of additional hours	3 years
Predictability pay records	3 years
Employee schedule requests	3 years

Integration with Other California Laws

Retail scheduling ordinances work alongside:

State Overtime Rules

• Daily overtime after 8 hours
• Weekly overtime after 40 hours
• Double-time after 12 hours

Split Shift Premium

If retail schedules create split shifts, an additional hour of pay at minimum wage may be required.

Reporting Time Pay

California requires pay when employees report to work but are sent home early:

Hours Scheduled	Minimum Pay
Up to 8 hours	Half the scheduled hours (min 2, max 4 hours)
On-call shift cancelled	Varies by city ordinance

On-Call Pay

On-call arrangements in retail must comply with both state law and local ordinances, which often provide additional protections.

Practical Compliance Checklist

Before Posting Schedules

• Is the schedule being posted at least 14 days in advance?
• Have all available hours been offered to existing employees?
• Are right-to-rest requirements being met?
• Is the schedule posted in a conspicuous location?

When Making Changes

• Is the change within the predictability pay window?
• Has the employee consented in writing (if applicable)?
• Is predictability pay being calculated and paid?
• Is the change documented?

At Time of Hire

• Has a good faith estimate been provided?
• Has the employee received written notice of scheduling rights?
• Have schedule preferences been collected?

Compliance with retail scheduling laws requires proactive planning, good documentation, and reliable scheduling systems that support the unique requirements of California's most employee-protective cities.