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Know Your Rights Under Fair Workweek Laws

Posted on in Employment

CA workers rights lawyerMany workers dream of obtaining steady nine to five employment, with regular weekends and holidays off to take care of their families and other personal responsibilities. Unfortunately, too many are stuck in jobs with unpredictable shifts, where they are either over scheduled or not given the number of hours they need to support themselves. San Jose and San Francisco are among the few places to have employment laws in place that protect workers against these types of practices. At the Jachimowicz Law Group, we can use these laws to help defend your rights in these situations.

Fair Workweek Laws

Workers in many industries, such as food service and retail, are frequently required to jump through hoops as part of obtaining a weekly schedule. They may have to call in at the beginning of the week or even before a shift to see if they work and the type of shift they are required to cover during the day. As a result, they have little stability in being able to plan for needs such as transportation and child care, and may be denied the total amount of hours they originally were promised when they took the job.

According to the Economic Policy Institute (EPI), there is a growing awareness of how unfair these types of practices are and how damaging they can be to an employee’s overall well being. As a result, several major cities across the United States have initiated fair workweek laws to prohibit these practices. In addition to ensuring workers receive adequate hours and timely notices of schedules, fair workweek laws also aim at prohibiting employers from taking actions against employees who must request time off for certain personal duties, or from requiring them to perform unreasonable split shifts based on peak times of demand. Fortunately, San Jose and San Francisco are among the six major areas that have put fair workweek practices in place over the last several years.

Opportunity to Work Laws in San Jose

In San Jose, fair workweek laws mainly apply to part-time workers who may want to take advantage of additional hours offered during peak seasons. Under the Opportunity to Work Ordinance, which was passed by San Jose in March 2017, approximately 175,000 workers in the private section are covered. The ordinance requires employers with more than 36 employees to offer additional hours to part-time workers before making new hires, which includes subcontractors and temporary workers. If an employer is found to be in violation of the law, they could face having to pay back wages, attorneys fees, and civil penalties of up to $50 per day.

Contact Us Today for Help

At the Jachimowicz Law Group, we are here to help when you have issues regarding your employer, such as scheduling concerns and wage disputes. To find out what your rights are in your specific situation, contact our dedicated San Jose employment law attorneys by calling 408-246-5500 to request a consultation today.

 

Sources:

https://www.epi.org/publication/fair-workweek-laws-help-more-than-1-8-million-workers/

http://www.sanjoseca.gov/index.aspx?NID=5360

 

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