Cal-Peculiarities: How California Employment Law is Different 2022 Edition

258 | 2022 Cal-Peculiarities ©2022 Seyfarth Shaw LLP  www.seyfarth.com rebuttable presumption that retaliation has occurred whenever employees claim that they have suffered an adverse employment action within 90 days of complaining about a violation of the ordinance . 509 The ordinance exempts scheduling provisions contained within a collective bargaining agreement, if the CBA explicitly waives the ordinance in clear and unambiguous terms . 510 Additionally, San Jose can exempt businesses from complying with the ordinance where the business works in good faith to comply and where compliance would be impracticable, impossible, or futile . 511 Emeryville. The Fair Workweek Ordinance, effective in 2017, covers all retail and food service businesses with more than 55 employees worldwide, or 20 or more employees in Emeryville . 512 Businesses must post work schedules 14 days in advance . 513 A ny new hours not so scheduled can be declined by the employe e. 514 Employers must pay extra wages for making schedule changes between one and 14 days before the shif t. 515 Employers cannot hire for new positions unless they have first offered the new schedules to existing employee s. 516 The additional hours can be divided among several existing employees as long as the employer doesn’t discriminate among employees when dividing hours . 517 Employers cannot divide up hours to avoid the benefits required under the Affordable Care Ac t. 518 Employers must give employees at least 72 hours to accept the offer of additional work . 519 If the time of additional hours needed will last less than two weeks, then the employer must give the employee at least 24 hours to accept the hours . 520 The offer and the acceptance of hours must be communicated in writing, with records to be retained for at least three years . 521 E mployers must provide good-faith estimates of work schedules . 522 Employees can request changes to the schedule before commencing work . 523 Employers must respond to employees’ requests in writing regarding schedule changes that are approved or rejected . 524 New employees must be immediately given their first two weeks of scheduled work upon hir e. 525 The only exceptions to the Emeryville scheduling requirements are for circumstances when the employees or the place of business are threatened, when public utilities fail, or when there is an act of nature such as a natural disaster or civil unrest . 526 E mployee-to- employee changes are also exempt, but the employer cannot help to facilitate shift-swapping . 527 Employees also have a right to decline work hours that occur within 11 hours of the end of the previous day’s shift or during the 11 hours following a shift that spanned two days. Employees who work these shifts must agree to do so in writing, and employers must pay them 1.5 times the regular rate for any hours worked with fewer than 11 hours of time off between shift s. 528 Employers must post notice of employee’s rights under the ordinance . 529 They must also provide notice to new employees upon hire . 530 E mployers must not retaliate against employees for exercising their rights under the ordinanc e. 531 Penalties apply to employers that fail to notify employees of their rights, fail to provide a work schedule in a timely manner, fail to provide predictability pay for changes with less than 24 hours’ notice, fail to offer existing employees work before hiring, fail to maintain adequate payroll records for three years, and fail to give the City access to payroll records . 532 Employees may also file lawsuits . 533 7.24 How Does California Law Affect Multi-State Employees? 7.24.1 Out-of-state residents who temporarily work in California In paying employees, employers traditionally apply the wage and hour laws of the state where the employee resides or performs the most work, even when an employee occasionally works elsewhere. When multi-state employees work in California, however, it can be different.