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.