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Are You a Part-Time Worker Being Denied Additional Hours?

Posted on in Employment

San Jose employment law attorneys, part-time worker, Opportunity to Work Ordinance, temporary workers, right to workAs local businesses get ready for the summer season, many will be looking to add college or high school students and other temporary workers to their staff to accommodate increases in customer flow. If you are a part-time employee, you may be looking forward to the upcoming months as an opportunity to pick up extra money for yourself and your family by increasing your hours. Unfortunately, employers may be reluctant to increase time on the job for part-timers out of reluctance of having to pay additional benefits. Our San Jose employment law attorneys stand up for the right of workers in these situations. Under local ordinances, employers can face penalties for not increasing the hours of current employees before hiring on additional, temporary staff.

San Jose’s Opportunity to Work Ordinance

Chain restaurants and franchise stores look forward to increased profits over the summer months due to a surge in summer travelers. Employees look forward to this time of year as well, as it allows them to make additional income. Unfortunately, part-time, year-round workers may be disappointed to find their hours remain the same while their boss brings in temporary help. This is often done to alleviate any concerns the company has about changes in employee status or having to offer benefits.

In San Jose, employers may be prohibited in engaging in these types of practices, depending on the type and size of the business they run. Under Chapter 4.101 of the San Jose Municipal Code, the Opportunity to Work Ordinance requires certain employers to offer additional work hours to qualified, existing part-time employees before hiring temporary workers. Employers subject to this ordinance include:

  • Individual businesses with more than 36 employees; and

  • If a business employs less than 36 people but is part of a franchise with several locations in the San Jose area, then the total number of employees at the multiple locations would determine whether the ordinance applies.

Penalties for Not Giving Part-Time Workers the Option of Additional Hours

The City of San Jose began enforcing the Opportunity to Work Ordinance in 2017. It applies to workers who are covered under the California Minimum Wage Law and who put in at least two hours a week. Provided a worker is not an executive with the company or in an administrative position, they may be able to initiate legal action as the result of being denied hours. Remedies available include:

  • For a first offense: The employer will be issued a formal warning; and

  • For second or subsequent offenses: Employees may be entitled to file a civil lawsuit with an award of back wages and attorneys fees, along with up to $50 per day for each employee harmed.

Contact Us Today for Help

As experienced San Jose employment law attorneys, we work hard to defend the rights of workers in our area. Call or contact Jachimowicz Law Group online today and request a consultation to discuss your situation and how we can help you.

Sources:

https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT4REFIBUTA_CH4.101OPWOOR

https://www.sanjoseca.gov/DocumentCenter/View/65736

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