Loading...
A. Before hiring a new Employee or using a contractor, temporary service or staffing agency to perform work, an Employer shall first offer the work to current Employees if:
1. one or more of the current Employees is qualified to do the work as reasonably determined by the Employer; and
2. the additional work hours would not result in the payment of a premium rate under California Labor Code Section 510.
B. An Employer shall make the offer for additional work hours contemplated by this section to each current Employee either in writing or by posting the offer in a conspicuous location in the workplace where notices to Employees are customarily posted.
C. An Employer shall make the offer for additional work hours contemplated by this section to current Employees at least 72-hours prior to hiring any new Employee, using a contractor, temporary service or staffing agency. Upon receipt of the offer, an Employee shall have 48-hours to accept the offer of additional hours in writing. Upon the expiration of the 48 hour period, the Employer may hire new Employees or retain the services of a contractor, temporary service or staffing agency to work any additional hours not accepted for work by current Employees. At any time during the 72-hour period, if the Employer receives written confirmation from all its Employees that they are not interested in accepting additional hours of work, the Employer may immediately proceed with hiring new Employees or retain a contractor, temporary service or staffing agency. If more current Employees accept the offer to work than hours are available, the Employer shall award the hours using a fair and equitable distribution method or as specified in the Rules and Regulations.
D. An Employee who accepts additional hours pursuant to this section shall not be entitled to Predictability Pay for those additional hours if it results in a schedule change from the Work Schedule.
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.
Loading...