In December 2022, the City of Berkeley adopted new legislation, known as the Fair Workweek Employment Standards Ordinance. Slated to take effect on January 1, 2024, this will bring considerable changes to the way employers schedule their employees.
The Berkeley ordinance aligns Berkeley with a growing roster of cities taking similar measures. Notably, the City of Los Angeles, where a parallel ordinance – the Fair Work Week Ordinance – took effect on April 1, 2023. It forms part of an emerging trend in employment law that focuses on providing improved scheduling flexibility for workers.
While the full text of the Berkeley ordinance has not yet been publicly released, its likeness to Los Angeles’ ordinance and other similar local laws hints at what it might entail. These laws typically mandate that employers provide advance notice of work schedules, and pay certain premiums if changes are made to the schedule with little notice. Some also include access to additional hours for part-time workers before hiring additional staff, and record-keeping requirements.
The emphasis on work schedule stability that these ordinances represent should prompt employers – especially those in Berkeley awaiting the January 2024 implementation of its own law – to review current scheduling practices. Any necessary adjustments to ensure compliance with these fast-evolving regulations should be made well ahead of the ordinances coming into operation.
For more details of the Berkeley ordinance as they emerge, follow updates from
Jackson Lewis P.C.
With the January 2024 operative date looming, thorough preparation is essential. Legal experts in this field will prove useful partners for corporations navigating these changes. City-specific nuances and sector-specific considerations indicate a complex landscape for employers, but one that is navigable with meticulous planning and legal guidance.