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A. An Employer shall provide the following Predictability Pay:
1. When an Employee has agreed to a change in their Work Schedule pursuant to Section 185.04 B., an Employer shall compensate the Employee with one additional hour of pay at the Employee’s regular rate for each change to a scheduled date, time or location that:
(a) does not result in a loss of time to the Employee; or
(b) does result in additional work time that exceeds 15 minutes.
2. An Employer shall compensate an Employee at one-half of the Employee’s regular rate of pay for the time the Employee does not work if the Employer reduces the Employees work time listed in the Work Schedule by at least 15 minutes.
B. Predictability Pay shall not be required if:
1. An Employee initiates the requested Work Schedule change.
2. An Employee accepts a schedule change initiated by an Employer due to an absence of another scheduled Employee. The Employer must communicate to the Employee that acceptance of the hours is voluntary and the Employee has a right to decline.
3. An Employee accepts additional hours pursuant to Section 185.05.
4. An Employee’s hours are reduced due to the Employee’s violation of any existing law or of the Employer’s lawful policies and procedures.
5. The Employer’s operations are compromised pursuant to law or force majeure.
6. Extra hours worked require the payment of an overtime premium under California Labor Code Section 510.
An Employer shall not schedule an Employee to work a Shift that starts less than ten hours from the Employee’s last Shift without the Employee’s written consent. An Employer shall pay an Employee a premium of time and a half for each Shift not separated by at least ten hours.
A. An Employer shall retain all records required by this article, for both current and former Employees, for a period of three years. These records include:
1. Work Schedules for all Employees;
2. Copies of written offers to Employees for additional work hours and written responses from Employees;
3. Written correspondence between the Employer and Employee regarding Work Schedule changes including, but not limited to, requests, approvals, and denials;
4. Good faith estimates of hours provided to new and existing Employees; and
5. Any other records the DAA may require to demonstrate compliance with this article.
B. An Employer shall provide timely access to records to the DAA pursuant to Section 188.03.
Every Employer shall post the notice published each year by the DAA, pursuant to Section 188.03 A., informing Employees of their rights under this article. Every Employer shall post notices in English, Spanish, Chinese (Cantonese and Mandarin), Hindi, Vietnamese, Tagalog, Korean, Japanese, Thai, Armenian, Russian and Farsi, and any other language spoken by at least 5 percent of the Employees at the workplace or job site.
No Employer shall discharge, reduce in compensation or otherwise discriminate against any Employee for opposing any practice proscribed by this article, for participating in proceedings related to this article, for seeking to enforce their rights under this article by any lawful means, or for otherwise asserting rights under this article.
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