California’s employee time reporting laws are intended to protect workers from the financial effects of unexpected hour reductions and changes in schedule. Unfortunately, some employers can’t or won’t see the importance of steady scheduling and pay, especially for those making minimum wage or close to it.
You might wonder what happens if your schedule changes and your employer stops giving you hours.
How long can an employer not schedule you in California? Generally speaking, there’s no maximum time an employer can go without putting you on the schedule. However, there are some situations where failing to schedule you (or taking you off the schedule without advance notice) could be illegal.
Although California has more robust work schedule laws than most states, there are fewer protections in this area than you might think. This article will provide a general introduction to the topic, but if your employer isn’t following state labor laws, you should get in touch with a qualified attorney as soon as possible.
Understanding Your Rights Around Scheduling in California
In California, employee scheduling rights are much stronger than they are in many other states. Non-exempt employees in the Golden State enjoy the following protections:
Rules on Shift Length and Scheduling
In most cases, employees can’t be required to work more than seven days in a row. However, this rule may not apply in specific industries, such as healthcare. It also doesn’t apply to employees who work less than six hours per day, less than 30 hours per week, or both.
Overtime Laws
California also requires overtime pay for employees who work more than eight hours in a day or more than 40 hours in a week. However, employers may implement alternative weekly work schedules if employees agree to it.
Overtime pay is 1.5 times an employee’s regular rate. However, if an employee works more than 12 hours in a day, they must be compensated at double their normal rate beyond the 12th hour.
Meal Periods and Rest Breaks
California work schedule laws require the following breaks:
- A 30-minute meal break for shifts longer than five hours
- A 10-minute rest break for every four hours worked, or major fraction thereof
Reporting Time Pay
The state’s reporting time pay requirement means that if an employee reports for a scheduled shift but is sent home early, they must be paid for half a day’s work (a minimum of two hours at their regular rate of pay and a maximum of four hours). Reporting Time Pay can also be triggered if your employer requires you to call in to check to see if you are scheduled before coming in.
If your employer has denied you reporting time pay, get in touch with ARCH Legal to discuss employee legal recourse for shift denial.
California Laws on Work Hours and Shifts
On the national level, the Fair Labor Standards Act (FLSA) regulates overtime pay, the minimum wage, and other pillars of employment law. In many respects, employee scheduling laws in California go above and beyond the FLSA.
In the California Labor Code, employee scheduling is taken seriously. The Labor Code is the primary law governing work schedules and how California employers create them. However, the Fair Employment and Housing Act (FEHA) also applies here to a lesser extent.
The FEHA is a state law that bars discrimination in employment and housing. It expands “discrimination” beyond the federal definition to include the following elements:
- Ancestry
- Color
- Creed
- Denial of family and medical care leave
- Disability
- Marital status
- Medical condition
- Age (40+)
- Race
- National origin
- Religion
- Sex
- Sexual orientation
If an employer uses unfair schedule changes to discriminate or retaliate against one or more employees, they’ve violated the FEHA as well as the California Labor Code.
Employer Responsibilities for Scheduling
How long can an employer not schedule you for work? Technically speaking, there are no minimum shift requirements in California.
The state’s work schedule laws are fairly detailed and designed to protect the rights of employees, so you might be surprised to learn that California doesn’t require employers to schedule their employees in most cases.
However, while it might seem like there are relatively few California labor laws on scheduling, the reporting time pay requirement is an important one. Employers are also responsible for not changing schedules out of retaliation or because of discrimination.
Impact of Not Being Scheduled on Pay and Benefits
If you’ve ever dealt with unpaid wages due to under-scheduling, you know how much of an impact being under-scheduled (or not scheduled at all) can have on your finances, your stability, and your peace of mind. Some California cities require employers to make predictable schedules to protect employees from situations like these.
If you don’t live in any of the local jurisdictions that impose strict scheduling laws, you may not have much recourse. When you’re used to reliably getting a certain number of hours per work period, and you’re suddenly getting none, it can be difficult to make ends meet.
In many industries, you may only qualify for benefits if you work a certain number of hours. For part-time employees, this can be incredibly stressful.
If you work fewer hours due to under-scheduling and don’t meet the threshold, you may no longer have access to health insurance and other benefits. Even if you make more than the state minimum wage, the cost of health insurance can be prohibitive.
Local Ordinances and Employee Protections
Some cities have protected worker rights in California by adopting predictable schedule laws. For example, in the city of Los Angeles, the Fair Work Week Ordinance (FWWO) requires certain retail employers to give employees their work schedules 14 days in advance.
If an employer makes last-minute schedule changes, employees generally aren’t obligated to accept them. However, if you do accept, you might qualify for additional compensation known as “Predictability Pay.” Employers may face other penalties as well.
Los Angeles isn’t the only city with fair workweek laws in California. Berkeley and San Francisco have similar scheduling regulations. These sorts of local ordinances have been gaining popularity, so there’s a distinct possibility that even more cities will take steps to protect employee rights in the future.
If you’re an at-will employee, understanding California shift laws is vital. This is especially true if you live in a city with enhanced protections.
Unscrupulous employers may try to get away with violations of work schedule laws because they think employees don’t know any better. The better you understand California labor laws, the better equipped you’ll be to stand up for yourself and your fellow employees.
Steps Employees Can Take if Not Scheduled
Employee rights under California law cover schedule changes, overtime, meal and rest breaks, and shift lengths. If you’re an at-will employee, it isn’t generally illegal for your employer not to schedule you. However, they may be breaking the law if they do either of the following:
- Violate any local predictable scheduling ordinances
- Stop scheduling you for retaliatory or discriminatory reasons
Resolving scheduling disputes between employer and employee can be stressful. Fortunately, you have options. If you’ve found yourself unexpectedly not scheduled, here are a few steps you can take to resolve the issue:
Talk to Your Employer
Before assuming your employer is intentionally refusing to give you any work hours, reach out to your supervisor. There’s a chance there was an error in making the work schedule. If it was a genuine mistake, it should be easy to correct.
Determine Whether the Change Is Due to Retaliation or Discrimination
Sometimes, an employer may unfavorably change an employee’s work schedule if the employee has reported a labor law violation, acted as a whistleblower, or reported harassment or discrimination at work. If this is the case, your employer is retaliating against you, which is illegal.
Some employers will also adopt scheduling practices that favor one group over others. For example, if your employer consistently gives the most desirable shifts to employees of only one race (and gives employees of all other races less desirable shifts), they’re likely violating work schedule laws.
Consult an Attorney for California Wage and Hour Law Advice
If your employer is failing to honor any applicable collective bargaining agreements, is retaliating against you, or is creating employee schedules in a discriminatory manner, you could have legal recourse.
Like employment law cases in general, these cases are highly individualized, so it’s generally a good idea to consult an attorney. Your lawyer can assess the situation and help you understand if any local ordinances, state laws, or even the federal Fair Labor Standards Act have been violated.
Some California employers may be willing to make adjustments to an employee’s work schedule after talking to their attorney.
If your employer refuses to budge, your lawyer can help you review employee remedies for illegal scheduling and decide on the next steps. In some instances, filing a complaint with the Division of Labor Standards Enforcement (DLSE) may be helpful.
Looking for an Employee Rights Lawyer in California?
If you’re dealing with an employer who doesn’t respect overtime job schedule laws or employment law in general, you need skilled California employee legal representation right away. At ARCH Legal, we understand legislation regarding issues like overtime and scheduling in California, and we’re here to offer meaningful legal aid.
We proudly help workers like you stand up to law-breaking, discriminatory, and retaliatory employers. If you think we may be able to assist you, contact us today to schedule a no-cost consultation.
