What does Emeryville's Fair Workweek Ordinance require?
Emeryville's Fair Workweek Ordinance covers retail firms with 56 or more employees globally, and fast food firms with 56 or more globally and 20 or more in Emeryville1. Schedules go out at least two weeks ahead, on a biweekly schedule2.
A change with less than 14 days' notice costs 1 hour of predictability pay. With less than 24 hours, a cut or cancellation costs 4 hours or the shift's hours, whichever is less4. Before hiring, extra hours go first to qualified part-time employees, up to 35 a week5.
The city minimum wage is $20.34 an hour for all businesses3.
This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the City of Emeryville, the California Labor Commissioner's Office or a qualified advisor.
Which dates matter in Emeryville?
- The Fair Workweek Ordinance takes effect
Full enforcement, with penalties and fines, began on January 1, 20186.
- City minimum wage: $20.34
For all businesses3.
- State minimum wage: $17.40
Emeryville's $20.34 is higher, and where a local rate is higher it is the one paid738.
Past or upcoming as of November 12, 2026.
What changes in the week in Emeryville?
When you hire
By the start of employment, the employer gives each employee a written good faith estimate of their work schedule2.
When you build the schedule
The schedule is posted at the workplace or sent electronically, with access at the workplace, at least every 14 days and two weeks ahead2.
An employee may decline hours less than 11 hours after the end of the previous day's shift, or in the 11 hours after a shift that spanned two days. Hours worked there with written agreement are paid at 1.5 times the regular rate9.
When the schedule changes
The employer tells the employee of any change in person, by phone, email, text or other electronic message, and the employee may decline previously unscheduled hours added with less than 14 days' notice10.
Predictability pay per shift: 1 hour with less than 14 days' but 24 hours or more notice. With less than 24 hours, 4 hours or the hours in the scheduled shift, whichever is less, for a cut or cancellation, and 1 hour for other changes. It is in addition to regular pay4.
When you need more hours
Before hiring new or contract employees, including through a temporary or staffing agency, the employer offers additional hours to qualified part-time employees, up to the hours that give each 35 in a calendar week5.
They have 72 hours to accept work expected to last more than two weeks, and 24 hours for work of two weeks or less, in writing. Each written offer is kept for no less than 3 years5.
The City's FAQ says shifts are offered first to employees at the location where they are available; shifts still open may then go to employees from other locations who answered in time11.
When someone calls in sick
Under the city's ordinance, employees of small businesses (55 or fewer employees in Emeryville) can accrue at least 48 hours of paid sick leave, and those of larger businesses at least 7212.
State law also applies: an employer must allow use of at least five days or 40 hours a year, whichever is more13, and may cap accrual at 10 days or 80 hours, whichever is more14. Where both apply, the Labor Commissioner says the employer provides “the provision or benefit that is most generous to the employee”15.
In payroll
The city minimum wage is $20.34 an hour from July 1, 2026, for all businesses3. Certain health care workers have their own state minimum wage, which can be higher16; when requirements conflict, the employer follows “the stricter standard”17.
California's daily overtime also applies: past 8 hours in a workday at 1.5 times the regular rate, and past 12 at twice the regular rate18.
With a union agreement
All or part of the ordinance can be waived in a bona fide collective bargaining agreement, if the waiver is set out explicitly in clear and unambiguous terms19.
Watch for
- No predictability pay when operations cannot begin or continue because of threats, utility failures, acts of nature or other causes outside the employer's control, for agreed shift swaps, for shift changes the employee initiates, and when the employer is paying overtime that exceeds the predictability pay otherwise owed20.
- Small transitions. Nor when an employee works past the shift to finish serving a customer for a commission, tip or other incentive pay, or starts or ends no more than ten minutes early or late, paid at the regular rate20.
- Who counts. Full-time, part-time and temporary employees, including those through a temporary or staffing agency1. Franchisees count as covered employers when the franchise network has more than 12 locations globally1.
- Premium hours. The employer does not have to offer part-time employees hours paid at a premium rate under Labor Code § 5105.
What does California add in Emeryville?
State law applies in the city as everywhere in California. Daily overtime starts after 8 hours in a workday, and double time after 12 hours18.
California daily overtime: 8 hours, 12 hours and the seventh day18
The state minimum wage goes to $17.40 on January 1, 2027; where a city's rate is higher, employees are paid the city's78.
California labor laws: what changes the schedule and the pay
What does an employer have to be able to show?
For at least 3 years, for each employee, the employer keeps21:
What does the ordinance leave open?
What does the ordinance say exactly?
(1) Retail firms with fifty-six (56) or more employees globally; and (2) Fast food firms with fifty-six (56) or more employees globally and twenty (20) or more employees within the City limits of Emeryville. […] In determining the number of employees performing work for a covered employer during a given week, all employees performing work for the covered employer for compensation on a full-time, part-time, or temporary basis shall be counted, including employees made available to work through the services of a temporary services or staffing agency or similar entity. […] shall include franchisees associated with a franchisor or a network of franchises with franchisees with more than twelve (12) locations globally.
Emeryville Mun. Code § 5-39.03 two weeks' notice
(1) Prior to or on commencement of employment, a covered employer shall provide each employee with a good faith estimate in writing of the employee's work schedule. […] Two (2) Weeks' Advance Notice of Work Schedule. A covered employer shall provide its employees with at least two (2) weeks' notice of their work schedules by doing one (1) of the following at least every fourteen (14) days (on a "biweekly schedule"): (1) posting the work schedule in a conspicuous place at the workplace that is readily accessible and visible to all employees; or (2) transmitting the work schedule by electronic means, so long as all employees are given access to the electronic schedule at the workplace.
Emeryville Mun. Code § 5-39.04(c) predictability pay
Subject to the exceptions in subsection (d) of this section, a covered employer shall provide an employee with the following compensation per shift for each previously scheduled shift that the covered employer adds or subtracts hours, moves to another date or time, cancels, or each previously unscheduled shift that the covered employer adds to the employee's schedule: (1) with less than fourteen (14) days' notice, but twenty-four (24) hours or more notice to the employee: one (1) hour of predictability pay; (2) with less than twenty-four (24) hours to the employee, (i) four (4) hours or the number of hours in the employee's scheduled shift, whichever is less, when hours are canceled or reduced; (ii) one (1) hour of predictability pay for all other changes. The compensation required by this subsection shall be in addition to the employee's regular pay for working that shift.
Emeryville Mun. Code § 5-39.04(d) the exceptions
Exceptions. The requirements of this section shall not apply under any of the following circumstances: (1) Operations cannot begin or continue due to threats to covered employers, employees or property, or when civil authorities recommend that work not begin or continue; (2) Operations cannot begin or continue because public utilities fail to supply electricity, water, or gas, or there is a failure in the public utilities or sewer system; (3) Operations cannot begin or continue due to: acts of nature (including but not limited to flood, fire, explosion, earthquake, tidal wave, drought), war, civil unrest, strikes, or other cause not within the covered employer's control; […] Mutually agreed-upon work shift swaps or coverage among employees; […] To accommodate the following transitions in shifts: (i) If an employee works past the end of a scheduled shift to complete service to a customer, which service would entitle the employee to receive a commission, tip or other incentive pay based on the completion of that service, provided the employee is compensated at his/her regular rate of pay for the additional work performed by the employee. (ii) An employee begins or ends his/her scheduled shift no more than ten (10) minutes prior to or after the scheduled shift, provided the employee is compensated at his/her regular rate of pay for the additional work performed by the employee; […] Employee voluntarily initiated shift modifications, such as voluntary requests to leave a scheduled shift prior to the end of the shift; (7) The covered employer is paying overtime to an employee, provided the payment of overtime exceeds the predictability pay to which the employee otherwise would be entitled.
Emeryville Mun. Code § 5-39.05 offering hours to part-time staff
Subject to the limitations herein, before hiring new employees or contract employees, including hiring through the use of temporary services or staffing agencies, a covered employer shall first offer additional hours of work to existing part-time employee(s) if the part-time employee(s) are qualified to do the additional work, as reasonably and in good faith determined by the covered employer. This section requires covered employers to offer to part-time employees only up to the number of hours required to give the part-time employee thirty-five (35) hours of work in a calendar week. […] For additional work for an expected duration of more than two (2) weeks, the part-time employee shall have seventy-two (72) hours to accept the additional hours, after which time the covered employer may hire new employees to work the additional hours. […] When the covered employer's offer of additional work under this section is for an expected duration of two (2) weeks or less, the part-time employee shall have twenty-four (24) hours to accept the additional hours, after which time the covered employer may hire new employees to work the additional hours. […] The covered employer shall retain each written offer no less than three (3) years as required under Section 5-39.10. […] This section shall not be construed to require any covered employer to offer employees work hours paid at a premium rate under California Labor Code Section 510 nor to prohibit any covered employer from offering such work hours.
Emeryville Mun. Code § 5-39.06 the right to rest
An employee has the right to decline work hours that occur: (1) Less than eleven (11) hours after the end of the previous day's shift; or (2) During the eleven (11) hours following the end of a shift that spanned two (2) days. (b) An employee who agrees in writing to work hours described in this section shall be compensated at one and one-half (1-1/2) times the employee's regular rate of pay for any hours worked less than eleven (11) hours following the end of a previous shift.
Emeryville Mun. Code § 5-39.02(b) union waiver
Waiver through Collective Bargaining. To the extent permitted by law, all or any portion of the applicable requirements of this chapter may be waived in a bona fide collective bargaining agreement; provided, that such waiver is explicitly set forth in such agreement in clear and unambiguous terms that the parties thereto intend to and do thereby waive all of or a specific portion(s) of this chapter.
City of Emeryville, minimum wage page paid sick leave
Minimum of 48 Paid Sick Leave hours accruable for Employees of small businesses (55 or fewer Employees within Emeryville city limits) and 72 hours for Employees of Large Businesses (56 or more within Emeryville city limits). […] However, local ordinances that require a greater amount of PSL must be adhered to if it more favorable to the employee.
How does a system hold the hour and rest rules?
In Emeryville, state hour limits and the city's right to rest land on the same schedule and the same timecard. This is how WorkAxle holds them:
- Daily and weekly hours, consecutive days and rest between shifts are set up as rules, each with its start date.
- While the schedule is built, the platform flags each shift that breaks one of those rules and names the rule. The supervisor decides.
- Each clock-in and clock-out is recorded with its time, and at the close of the period hours come out classified by your rules, ready for your payroll system.
The supervisor keeps the last word.
What can you check this week?
- Count your employees globally, temporary and agency staff included, and in Emeryville if you run fast food1.
- For the last time you hired, find the written offer of hours to part-time staff and when it went out5.
- Find shifts that started less than 11 hours after the end of the previous day's shift, and the written agreement for them9.
- Check that last month's schedules went out at least two weeks ahead2.
Sending it to finance, operations or your counsel? The link opens this page, and the printed brief carries the rules, the dates and the sources.
This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the City of Emeryville, the California Labor Commissioner's Office or a qualified advisor.
Frequently asked questions
Who is covered by Emeryville's Fair Workweek Ordinance?
Retail firms with 56 or more employees globally, and fast food firms with 56 or more globally and 20 or more within Emeryville1.
How much notice of the schedule does Emeryville require?
At least two weeks, by posting or sending the schedule at least every 14 days2.
How much is predictability pay in Emeryville?
1 hour with less than 14 days' but 24 hours or more notice. With less than 24 hours, 4 hours or the hours in the scheduled shift, whichever is less, for a cut or cancellation, and 1 hour for other changes4.
Does Emeryville require offering hours to part-time employees first?
Yes. Before hiring, covered employers offer additional hours to qualified part-time employees, up to 35 hours a week. They have 72 hours to accept work lasting more than two weeks, and 24 hours otherwise5.
What is Emeryville's clopening rule?
Employees may decline hours less than 11 hours after the previous day's shift; hours worked there with written agreement are paid at 1.5 times the regular rate9.
What is the minimum wage in Emeryville?
$20.34 an hour from July 1, 2026, for all businesses3. Certain health care workers have their own state minimum wage, which can be higher16; when requirements conflict, the employer follows “the stricter standard”17.
How much paid sick leave does Emeryville require?
At least 48 hours accruable at small businesses (55 or fewer employees in Emeryville) and 72 hours at larger ones12. State law also requires use of at least five days or 40 hours a year, whichever is more13, and lets an employer cap accrual at 10 days or 80 hours, whichever is more14; the most generous provision applies15.
https://www.workaxle.com/compliance-center/united-states/california/emeryville