What is Fair Workweek?
Fair Workweek is a set of labor laws and regulations created with the intent of bringing stability and predictability to service-based workplaces. These regulations are also known as Predictability Pay and target hourly employees hospitality, grocery, and retail sectors. Employers need to follow the following Fair Workweek laws, but specifics may vary by city:
Provide advanced notice of schedule and shift information to employees, avoid last-minute schedule changes.
Calculate an accurate Good Faith Estimate of expected hours worked per week.
Employees are not permitted to work “clopen” (close-to-open) shifts.
Offer new shift opportunities to existing employees before new hires.
Pay a premium fee to impacted employees for every compliance breach.
If an employee agrees to any of the above bullets that would result in a compliance fee, the employer is not obligated to pay a premium.
Harri offers the most cohesive solution on the market to support operators in navigating the operational burden Fair Workweek regulations impose
Empower your teams with the ability to manage schedules, monitor scheduling fees, and properly report premium pay.
What does Fair Workweek
in California look like?
Fair Workweek regulations in California may vary by city or individual jurisdiction. For example, San Francisco has its own set of unique Fair Workweek laws. In general, California business operators must follow the below Fair Workweek rules, mandated under the Fair Scheduling Act.
Advanced notice scheduling. Schedules must be posted 1 week (7 days) in advance. These schedules must cover 21 days of work at the minimum.
Good Faith Estimates. Employers must provide new employees with written Good Faith Estimates that include the employee’s expected:
- Minimum number of scheduled shifts per month
- The days the employee will be expected to work
- The length in hours of those shifts
New shifts. New shifts and additional hours must be offered to existing employees before new hires are made or staffing agencies are contacted.
Premium payments for San Francisco businesses:
- Schedule change made with <7 days notice. Pay the employee a premium of 1 hour at the employee’s hourly rate.
- Schedule change made with < 24-hour notice. Pay the employee a premium equal to ½ of their new shift (on top of regular shift payments). Premium pay cannot be less than 2 hours or more than 4 hours.
- Employee scheduled to be “on-call” but isn’t called into work. Pay the employee a premium of 1 hour at the employee’s hourly rate.
Managing Fair Workweek with Harri
Preparing for Fair Workweek
Manage these complex regulations in a proactive fashion, both from a scheduling and a timekeeping perspective, allowing operators to more effectively schedule and manage teams, while minimizing the risk of non-compliance. Download a free Fair Workweek Checklist to audit your current schedule & Fair Workweek provider.
This complete guide will thoroughly explain what the Fair Workweek ordinances means, a breakdown by cities putting it into practice, and the Harri solution.