Book a demo

In San Francisco, chain businesses post schedules two weeks ahead. A change with less than a week's notice costs extra pay.

What do San Francisco's Formula Retail Employee Rights Ordinances require of chain businesses and their contractors, and what does the city add to California law?

Verified on November 12, 2026 against the San Francisco Labor and Employment Code, the Office of Labor Standards Enforcement and the California Labor Code·What changed on this page

40locations

worldwide, plus 20 or more employees in the city, and a formula retail business is covered1

14days

the cycle for posting or sending schedules, two weeks ahead2

$19.61

an hour, the city minimum wage since July 1, 20263

What do San Francisco's Formula Retail Employee Rights Ordinances require?

San Francisco's Formula Retail Employee Rights Ordinances cover formula retail businesses, stores, restaurants and financial services among them, with at least 40 establishments worldwide and 20 or more employees in the city45. Their janitorial and security contractors at those stores follow the scheduling, extra-hours and part-time rules too678.

Schedules are posted or sent at least two weeks ahead, on a biweekly schedule2. A change with less than seven days' notice costs 1 to 4 hours of pay at the regular rate, by notice and shift length9.

An on-call shift not called in costs 2 or 4 hours of pay10. The city minimum wage is $19.61 an hour3.

This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the San Francisco Office of Labor Standards Enforcement, the California Labor Commissioner's Office or a qualified advisor.

How much is predictability pay in San Francisco?

Pay at the employee's regular hourly rate for employer changes and unused on-call shifts, S.F. L.E.C. § 42.4(c)(2) and (d)910.
What the employer doesNotice to the employeeShift lengthHours of pay
Moves or cancels a scheduled shift, or adds a shiftLess than seven days, and 24 hours or more9Any19
Moves or cancels a scheduled shift, or adds a shiftLess than 24 hours94 hours or less929
Moves or cancels a scheduled shift, or adds a shiftLess than 24 hours9More than 4 hours949
Does not call in an employee on an on-call shiftAny4 hours or less10210
Does not call in an employee on an on-call shiftAnyMore than 4 hours10410

When the employee is required to come in, this pay is in addition to their regular pay for working the shift9.

What changes in the week in San Francisco?

When you hire

Before employment starts, the employer gives a new employee a written good faith estimate of the expected minimum number of scheduled shifts a month, and their days and hours, on-call shifts included11.

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, two weeks ahead2. It includes any on-call shifts2.

When the schedule changes

The employer tells the employee of any change in person, by phone, email, text or other electronic message. Changes the employee asks for, such as sick leave, time off or shift trades, need no notice12.

Predictability pay depends on the notice and the length of the shift, as in the table above9. An on-call shift is one where the employee must check in, or wait to be contacted, less than 24 hours before it starts13.

When you need more hours

Before hiring or using contractors or a staffing agency, the employer offers the additional work to qualified part-time employees who have done the same or similar work, up to the hours that give each 35 in a week14. They have 72 hours to accept, in writing14.

Part-time and full-time

Part-time employees get the same starting hourly wage as full-time employees in jobs of equal skill, effort and responsibility, the same access to paid and unpaid time off, and the same eligibility for promotion8. Pay differences based on seniority, merit or production are allowed8.

When someone calls in sick

Under the Paid Sick Leave Ordinance, employees earn 1 hour for every 30 hours worked from their first day, and may use it from the 90th day15. The city lets employers with 10 or more employees cap the balance at 72 hours, and those with fewer at 4016.

State law also applies: an employer must allow use of at least five days or 40 hours a year, whichever is more17, and may cap accrual at 10 days or 80 hours, whichever is more18. Where both apply, the Labor Commissioner says the employer provides “the provision or benefit that is most generous to the employee”19.

In payroll

The city minimum wage is $19.61 an hour from July 1, 20263.

State minimum wages for some industries can be higher: fast food workers covered by the state law “must be paid at least $20.00 per hour”20, and certain health care workers have their own rates21. When requirements conflict, the Labor Commissioner says the employer follows “the stricter standard”22.

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 rate23.

When a store changes hands

The successor offers each eligible employee on the retention list, in writing, work at the store under the same job classification, pay and hours, and keeps them for 90 days from the day they start; an employee who declines the offer ends that duty24. If it needs fewer employees, it retains them by seniority from their date of hire, or under an applicable union agreement, and in those 90 days it may not discharge them without cause25. Eligible means employed at the store for at least 90 days before the transfer document is fully executed; managerial, supervisory and confidential employees are not included26.

With a union agreement

Article 42's requirements do not apply to the extent a bona fide collective bargaining agreement waives them expressly, in clear and unambiguous terms27.

Watch for

  • No predictability pay or on-call pay when operations cannot begin or continue because of threats, utility failures or an Act of God; when another employee scheduled for the shift is absent without seven days' notice, or did not report or was sent home; when the employer requires overtime; or when the employee trades shifts or asks for the change28.
  • Who counts toward 20. Employees at the employer's other formula retail stores in the city under the same trade name count, and nonprofits and government are not employers under the article4.
  • Contractors. A property services contractor is a contractor or subcontractor providing janitorial or security services at a covered store29. The Office of Labor Standards Enforcement lists the sections it follows there, offering extra hours, schedule notice and part-time equal treatment, and says the contractor and the store are jointly and severally liable for Article 41 violations30.
When a site is across the Bay in BerkeleyBerkeley Fair Workweek OrdinanceBerkeley employers in covered industries with 10 or more staff in the city and 56 or more globally (100 in some cases) give 14 days' notice of schedules.See the ruleWhen a shift runs past 8 hoursCalifornia daily overtime: 8 hours, 12 hours and the seventh dayTime and a half after 8 hours in a workday or 40 in a workweek, double time after 12 hours and after 8 on the seventh day, and the exceptions.See the ruleWhen a city sets the noticePredictive Scheduling Laws by State: 11 Jurisdictions, 2026Oregon is the only statewide mandate; 10 cities and counties have their own. Notice windows, predictability pay and thresholds for all 11 jurisdictions.Read

What does California add in San Francisco?

State law applies in the city as everywhere in California. Daily overtime starts after 8 hours in a workday, and double time after 12 hours23.

California daily overtime: 8 hours, 12 hours and the seventh day23

The state minimum wage goes to $17.40 on January 1, 2027; where a city's rate is higher, employees are paid the city's3132.

California labor laws: what changes the schedule and the pay

What does an employer have to be able to show?

For no less than 3 years, employers keep3334:

  • Employment and payroll records of current and former employees, and the work schedules3334.
  • Copies of written offers of additional hours to part-time employees33.

What do the ordinances leave open?

A contractor's officer who also works other sites. § 42.4(g) applies the scheduling rules to a property services contractor “as to work performed in San Francisco at a Formula Retail Establishment covered by this Article 42”6. The text does not say how notice and predictability pay work for an officer whose week mixes covered stores and other posts. Confirm it with your counsel.

What do the ordinances say exactly?

(b) Two Weeks’ Notice of Work Schedules. An Employer shall provide its Employees with at least two weeks’ notice of their work schedules by doing one of the following at least every 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. […] For all Employees, the work schedule shall include any On-Call Shifts, where applicable.
S.F. L.E.C. § 42.4(b) · official text · source 2
S.F. L.E.C. § 42.4(c)(2) predictability pay
(2) Predictability Pay For Schedule Changes. Subject to the exceptions in subsection (e) of this Section 42.4, an Employer shall provide an Employee with the following compensation per shift for each previously scheduled shift that the Employer moves to another date or time or cancels, or each previously unscheduled shift that the Employer requires the Employee to come into work: (A) With less than seven days’ notice but 24 hours or more notice to the Employee, one hour of pay at the Employee’s regular hourly rate; (B) With less than 24 hours’ notice to the Employee, two hours of pay at the Employee’s regular hourly rate for each shift of four hours or less; and (C) With less than 24 hours’ notice to the Employee, four hours of pay at the Employee’s regular hourly rate for each shift of more than four hours. Where the Employee is required to come into work, the compensation mandated by this subsection (c)(2) shall be in addition to the Employee’s regular pay for working that shift. This subsection (c)(2) shall apply to On-Call Shifts.
S.F. L.E.C. § 42.4(c)(2) · official text · source 9
S.F. L.E.C. § 42.4(d) on-call shifts
(d) Pay for On-Call Shifts. Subject to the exceptions in subsection (e) of this Section 42.4, an Employer shall provide an Employee with the following compensation for each On-Call Shift for which the Employee is required to be available but is not called in to work: (1) Two hours of pay at the Employee’s regular hourly rate for each On-Call Shift of four hours or less; and (2) Four hours of pay at the Employee’s regular hourly rate for each On-Call Shift of more than four hours. This subsection (d) shall not apply when the Employee is in fact called in for the On-Call Shift.
S.F. L.E.C. § 42.4(d) · official text · source 10
S.F. L.E.C. § 42.4(e) the seven exceptions
(e) Exceptions. The requirements in subsections (c) and (d) of this Section 42.4 shall not apply under any of the following circumstances: (1) Operations cannot begin or continue due to threats to 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 an Act of God or other cause not within the Employer’s control; (4) Another Employee previously scheduled to work that shift is unable to work due to illness, vacation, or employer-provided paid or unpaid time off where the Employer did not receive at least seven days’ notice of the absence; (5) Another Employee previously scheduled to work that shift has not reported to work on time and/or is fired or sent home or told to stay home as a disciplinary action; (6) The Employer requires the Employee to work overtime (i.e., mandatory overtime); or (7) The Employee trades shifts with another Employee or requests from the Employer a change in shift(s), hours, or work schedule.
S.F. L.E.C. § 42.4(e) · official text · source 28
S.F. L.E.C. § 42.4(g) janitorial and security contractors
(g) The requirements imposed by this Section 42.4 shall apply to Property Services Contractors as to work performed in San Francisco at a Formula Retail Establishment covered by this Article 42, under a contract with an Employer.
S.F. L.E.C. § 42.4(g) · official text · source 6
S.F. L.E.C. § 42.3 who is covered
“Employer” shall mean any Person that owns or operates a Formula Retail Establishment with 20 or more Employees in the City, including corporate officers or executives, who directly or indirectly or through an agent or any other person, including through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of any individual. For the purpose of calculating the 20-employee threshold referenced herein, Employees performing work in other Formula Retail Establishments in the City that are owned or operated under the same trade name by the same Employer shall be counted. Notwithstanding the foregoing definition, “Employer” does not include a Nonprofit Corporation or governmental entity. […] “Formula Retail Establishment” shall mean a business located in San Francisco that falls under the Planning Code’s definition of “Formula Retail Use,” as amended from time to time, except that the business must have at least 40 retail sales establishments located worldwide.
S.F. L.E.C. § 42.3 ("Employer", "Formula Retail Establishment") · official text · source 4
S.F. L.E.C. § 42.4(a)(1) the good faith estimate
(1) Prior to the start of employment, an Employer shall provide a new Employee with a good faith estimate in writing of the Employee’s expected minimum number of scheduled shifts per month, and the days and hours of those shifts. This estimate shall include On-Call Shifts.
S.F. L.E.C. § 42.4(a)(1) · official text · source 11
S.F. L.E.C. § 41.3 offering hours to part-time staff
(a) Subject to the limitations herein, before hiring new Employees or using contractors or a temporary services or staffing agency to perform work in a Formula Retail Establishment, an Employer shall first offer the additional work to existing Part-time Employee(s) if (1) the Part-time Employee(s) are qualified to do the additional work, as reasonably determined by the Employer and (2) the additional work is the same or similar to work the Employee(s) have performed for the Formula Retail Establishment. This Section 41.3 requires Employers to offer to Part-time Employees only the number of hours required to give the Employee 35 hours of work in a week. […] (c) A Part-time Employee may, but is not required to, accept the Employer’s offer of additional work hours under this Section 41.3. The Employee shall have 72 hours to accept the additional hours, after which time the Employer may hire new Employees to work the additional hours. The 72 hours referred to in the previous sentence begins either when the Employee receives the written offer of additional hours or whenever the Employer posts the offer of additional hours described in subsection (d), whichever is later. An Employee who wishes to accept the additional hours must do so in writing.
S.F. L.E.C. § 41.3(a), (c) · official text · source 14
S.F. L.E.C. § 42.5 equal treatment for part-time employees
(a) Hourly Wage. Employers shall provide Part-Time Employees with the same starting hourly wage as that provided to starting Full-Time Employees who hold jobs that require equal skill, effort, and responsibility, and that are performed under similar working conditions, provided that hourly pay differentials between Part-Time and Full-Time Employees are permissible if such differentials are based on reasons other than the Part-Time status of the Employee, such as a seniority system, merit system, system which measures earnings by quantity or quality of production, performance or responsibilities. […] (b) Access to Time Off. Employers shall provide Part-Time Employees with the same access to Employer-provided paid and unpaid time off as that afforded to Full-Time Employees for the same job classification. […] (c) Eligibility for Promotions. Employers shall provide Part-Time Employees with the same eligibility for promotions as that afforded to Full-Time Employees for the same job classification […] (d) The requirements imposed by this Section 42.5 shall apply to Property Services Contractors as to work performed in San Francisco at a Formula Retail Establishment covered by this Article 42, under a contract with an Employer.
S.F. L.E.C. § 42.5(a)-(d) · official text · source 8
S.F. L.E.C. § 41.2 who is retained after a sale
“Eligible Employee” shall mean any Employee who has been employed by the Incumbent Employer at the Formula Retail Establishment subject to a Change in Control for at least 90 days prior to the date that the Transfer Document is fully executed. “Eligible Employee” does not include a managerial, supervisory, or confidential employee.
S.F. L.E.C. § 41.2 ("Eligible Employee") · official text · source 26
OLSE, Paid Sick Leave Ordinance the balance caps
Employers with 10 or more employees may cap an employee's sick time balance at 72 hours. Employers with fewer than 10 employees may cap an employee's sick time balance at 40 hours.
OLSE, Paid Sick Leave Ordinance page (L.E.C. art. 11) · official text · source 16

How does a system hold the hour rules?

In San Francisco, California's hour limits land on the same schedule and the same timecard as the city's notice rules. This is how WorkAxle holds the hour limits:

  1. Daily and weekly hours, consecutive days and rest between shifts are set up as rules, each with its start date.
  2. While the schedule is built, the platform flags each shift that breaks one of those rules and names the rule. The supervisor decides.
  3. 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 stores worldwide and your employees in the city the way § 42.3 does4.
  • If you staff a covered store as a security or janitorial contractor, list the officers and hours you work there; the scheduling rules apply to that work6.
  • List last month's changes made with less than seven days' notice and match each to its row in the table above9.
  • Check how many on-call shifts were not called in, and their length10.

This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the San Francisco Office of Labor Standards Enforcement, the California Labor Commissioner's Office or a qualified advisor.

Frequently asked questions

Who is covered by San Francisco's Formula Retail Employee Rights Ordinances?

Formula retail businesses with at least 40 retail sales establishments worldwide and 20 or more employees in San Francisco4, which can include restaurants, bars and financial services as well as stores5, and their janitorial and security contractors at covered stores67.

How far in advance must schedules be posted in San Francisco?

At least two weeks, by posting or sending the schedule at least every 14 days2.

How much is predictability pay in San Francisco?

1 hour of pay with less than seven days' but 24 hours or more notice; with less than 24 hours, 2 hours for a shift of 4 hours or less and 4 hours for a longer shift, at the regular hourly rate9.

What is on-call pay in San Francisco?

When an employee on an on-call shift is not called in: 2 hours of pay for a shift of 4 hours or less, and 4 hours for a longer one10.

Do San Francisco's scheduling rules apply to security guards?

They apply to security and janitorial contractors as to work performed in San Francisco at a covered formula retail store, under a contract with the store629.

What is the minimum wage in San Francisco?

$19.61 an hour from July 1, 20263. State rates for fast food and certain health care workers can be higher2120.

How much paid sick leave does San Francisco require?

Employees earn 1 hour for every 30 hours worked from their first day and may use it from the 90th day15. The city lets employers with 10 or more employees cap the balance at 72 hours, and smaller ones at 4016. State law also requires use of at least five days or 40 hours a year, whichever is more17, and lets an employer cap accrual at 10 days or 80 hours, whichever is more18; the most generous provision applies19.

https://www.workaxle.com/compliance-center/united-states/california/san-francisco

Sources

  1. S.F. Labor & Employment Code arts. 41-42 (FRERO), OLSE official notice. “Beginning on July 3, 2015, Formula Retail Establishments with at least 40 retail sales establishments worldwide and 20 or more employees in San Francisco must comply with the following requirements:”https://media.api.sf.gov/documents/32._FRERO_Poster_2016_04_06__published_0.pdf · Official notice published by the agency · Verified on November 12, 2026
  2. S.F. L.E.C. § 42.4(b). “(b) Two Weeks’ Notice of Work Schedules. An Employer shall provide its Employees with at least two weeks’ notice of their work schedules by doing one of the following at least every 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. […] For all Employees, the work schedule shall include any On-Call Shifts, where applicable.”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1320 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  3. San Francisco Minimum Wage Ordinance. “July 1, 2026: $19.61 per hour”https://media.api.sf.gov/documents/2026_Historical_San_Francisco_Minimum_Wage_Rates_M9ynRNo.pdf · Official notice published by the agency · Verified on November 12, 2026
  4. S.F. L.E.C. § 42.3 ("Employer", "Formula Retail Establishment"). ““Employer” shall mean any Person that owns or operates a Formula Retail Establishment with 20 or more Employees in the City, including corporate officers or executives, who directly or indirectly or through an agent or any other person, including through the services of a temporary services or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of any individual. For the purpose of calculating the 20-employee threshold referenced herein, Employees performing work in other Formula Retail Establishments in the City that are owned or operated under the same trade name by the same Employer shall be counted. Notwithstanding the foregoing definition, “Employer” does not include a Nonprofit Corporation or governmental entity. […] “Formula Retail Establishment” shall mean a business located in San Francisco that falls under the Planning Code’s definition of “Formula Retail Use,” as amended from time to time, except that the business must have at least 40 retail sales establishments located worldwide.”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1320 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  5. OLSE, FRERO FAQ (8/8/25), Formula Retail Use. “The term “Formula Retail Use “ may apply to the following types of retail sales or service establishments: Amusement Game Arcade Bar Drive-up Facility Eating and Drinking Use Limited-Restaurant Liquor Store Massage Establishment Movie Theater Restaurant Sales and Service, Nonretail Sales and Service, Other Retail Sales and Service, Retail Service, Financial Service, Fringe Financial Service, Limited Financial Service, Personal Take-out Food Tobacco Paraphernalia Establishment”https://media.api.sf.gov/documents/FRERO_FAQs_8.8.25_9iS2npC.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  6. S.F. L.E.C. § 42.4(g). “(g) The requirements imposed by this Section 42.4 shall apply to Property Services Contractors as to work performed in San Francisco at a Formula Retail Establishment covered by this Article 42, under a contract with an Employer.”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1320 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  7. S.F. L.E.C. § 41.3(e). “(e) The requirements imposed by this Section 41.3 shall apply to Property Services Contractors as to work performed in San Francisco at a Formula Retail Establishment covered by this Article 41, under a contract with an Employer.”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1174 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  8. S.F. L.E.C. § 42.5(a)-(d). “(a) Hourly Wage. Employers shall provide Part-Time Employees with the same starting hourly wage as that provided to starting Full-Time Employees who hold jobs that require equal skill, effort, and responsibility, and that are performed under similar working conditions, provided that hourly pay differentials between Part-Time and Full-Time Employees are permissible if such differentials are based on reasons other than the Part-Time status of the Employee, such as a seniority system, merit system, system which measures earnings by quantity or quality of production, performance or responsibilities. […] (b) Access to Time Off. Employers shall provide Part-Time Employees with the same access to Employer-provided paid and unpaid time off as that afforded to Full-Time Employees for the same job classification. […] (c) Eligibility for Promotions. Employers shall provide Part-Time Employees with the same eligibility for promotions as that afforded to Full-Time Employees for the same job classification […] (d) The requirements imposed by this Section 42.5 shall apply to Property Services Contractors as to work performed in San Francisco at a Formula Retail Establishment covered by this Article 42, under a contract with an Employer.”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1347 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  9. S.F. L.E.C. § 42.4(c)(2). “(2) Predictability Pay For Schedule Changes. Subject to the exceptions in subsection (e) of this Section 42.4, an Employer shall provide an Employee with the following compensation per shift for each previously scheduled shift that the Employer moves to another date or time or cancels, or each previously unscheduled shift that the Employer requires the Employee to come into work: (A) With less than seven days’ notice but 24 hours or more notice to the Employee, one hour of pay at the Employee’s regular hourly rate; (B) With less than 24 hours’ notice to the Employee, two hours of pay at the Employee’s regular hourly rate for each shift of four hours or less; and (C) With less than 24 hours’ notice to the Employee, four hours of pay at the Employee’s regular hourly rate for each shift of more than four hours. Where the Employee is required to come into work, the compensation mandated by this subsection (c)(2) shall be in addition to the Employee’s regular pay for working that shift. This subsection (c)(2) shall apply to On-Call Shifts.”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1320 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  10. S.F. L.E.C. § 42.4(d). “(d) Pay for On-Call Shifts. Subject to the exceptions in subsection (e) of this Section 42.4, an Employer shall provide an Employee with the following compensation for each On-Call Shift for which the Employee is required to be available but is not called in to work: (1) Two hours of pay at the Employee’s regular hourly rate for each On-Call Shift of four hours or less; and (2) Four hours of pay at the Employee’s regular hourly rate for each On-Call Shift of more than four hours. This subsection (d) shall not apply when the Employee is in fact called in for the On-Call Shift.”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1320 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  11. S.F. L.E.C. § 42.4(a)(1). “(1) Prior to the start of employment, an Employer shall provide a new Employee with a good faith estimate in writing of the Employee’s expected minimum number of scheduled shifts per month, and the days and hours of those shifts. This estimate shall include On-Call Shifts.”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1320 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  12. S.F. L.E.C. § 42.4(c)(1). “(1) Notice Required. An Employer shall provide an Employee notice of any change to the Employee’s schedule that has been posted or transmitted pursuant to subsection (b) of this Section 42.4. The Employer shall provide such notice by in-person conversation, telephone call, or email, text message, or other electronic communication. This notice requirement shall not apply to any schedule changes that the Employee requests, such as Employee-requested sick leave, time off, shift trades, or additional shifts.”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1320 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  13. S.F. L.E.C. § 42.3 ("On-Call Shift"). ““On-Call Shift” shall mean any shift for which an Employee must, less than 24 hours in advance of the start of the shift, either contact the Employer or wait to be contacted by the Employer to learn whether the Employer requires the Employee to report to work for the shift.”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1320 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  14. S.F. L.E.C. § 41.3(a), (c). “(a) Subject to the limitations herein, before hiring new Employees or using contractors or a temporary services or staffing agency to perform work in a Formula Retail Establishment, an Employer shall first offer the additional work to existing Part-time Employee(s) if (1) the Part-time Employee(s) are qualified to do the additional work, as reasonably determined by the Employer and (2) the additional work is the same or similar to work the Employee(s) have performed for the Formula Retail Establishment. This Section 41.3 requires Employers to offer to Part-time Employees only the number of hours required to give the Employee 35 hours of work in a week. […] (c) A Part-time Employee may, but is not required to, accept the Employer’s offer of additional work hours under this Section 41.3. The Employee shall have 72 hours to accept the additional hours, after which time the Employer may hire new Employees to work the additional hours. The 72 hours referred to in the previous sentence begins either when the Employee receives the written offer of additional hours or whenever the Employer posts the offer of additional hours described in subsection (d), whichever is later. An Employee who wishes to accept the additional hours must do so in writing.”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1174 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  15. S.F. L.E.C. art. 11 (Paid Sick Leave Ordinance), OLSE poster (June 2025). “Employees earn 1 hour of paid sick leave for every 30 hours worked. • Sick leave begins to accrue on the first day of employment. • Accrued sick leave carries over from year to year. • Employees may begin using sick leave on the 90th day of employment.”https://media.api.sf.gov/documents/2025_Paid_Sick_Leave_poster_June2025.pdf · Official notice published by the agency · Verified on November 12, 2026
  16. OLSE, Paid Sick Leave Ordinance page (L.E.C. art. 11). “Employers with 10 or more employees may cap an employee's sick time balance at 72 hours. Employers with fewer than 10 employees may cap an employee's sick time balance at 40 hours.”https://www.sf.gov/information--paid-sick-leave-ordinance · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  17. Labor Commissioner's Office, Paid Sick Leave FAQ (Lab. Code § 246). “Starting on January 1, 2024, an employer must allow an employee to use at least five days or 40 hours, whichever is more (refer to DLSE Opinion Letter 2015.08.07). Therefore, for example, if an employee works 10‑hour days, the employee will be entitled to use at a minimum 50 hours of paid sick leave.”https://www.dir.ca.gov/dlse/paid_sick_leave.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  18. Labor Commissioner's Office, Paid Sick Leave FAQ (Lab. Code § 246). “Yes, but an employer may limit or cap the overall amount of sick leave an employee may accrue to 10 days or 80 hours, whichever is more.”https://www.dir.ca.gov/dlse/paid_sick_leave.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  19. Labor Commissioner's Office, Paid Sick Leave FAQ (Lab. Code § 246). “The employer must provide the paid sick leave required by the local ordinance if it is higher than the requirements of state law. In general, if employees are subject to local sick leave ordinances, the employer must comply with both the local and California laws, which may differ in some respects. The employer must provide the provision or benefit that is most generous to the employee. The only exception to this general rule is that as of January 1, 2024, local ordinances cannot contradict the state paid sick leave law requirements regarding the lending of paid sick leave, paystub statements, calculation of paid sick leave, providing notice if the leave is foreseeable, timing of payment of paid sick leave, and whether payment of sick leave is required upon termination. If a local ordinance contradicts the state law on these specific topics, the state law prevails over (preempts) the local law.”https://www.dir.ca.gov/dlse/paid_sick_leave.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  20. Lab. Code §§ 1474-1476 (AB 1228), Labor Commissioner's Fast Food Minimum Wage FAQ. “Starting April 1, 2024, all “fast food restaurant employees” who are covered by the new law must be paid at least $20.00 per hour.”https://www.dir.ca.gov/dlse/Fast-Food-Minimum-Wage-FAQ.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  21. Labor Commissioner's Office, Minimum Wage FAQ. “Effective January 1, 2026, the minimum wage is $16.90 per hour for all employers, not otherwise covered by a higher minimum wage specific to an industry or a locality. […] There is a higher minimum wage for Fast Food Workers, effective April 1, 2024, and a higher minimum wage for certain Health Care Workers.”https://www.dir.ca.gov/dlse/faq_minimumwage.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  22. Labor Commissioner's Office, Minimum Wage FAQ. “The effect of this multiple coverage by different government sources is that when there are conflicting requirements in the laws, the employer must follow the stricter standard; that is, the one that is the most beneficial to the employee.”https://www.dir.ca.gov/dlse/faq_minimumwage.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  23. Cal. Lab. Code § 510(a). “Eight hours of labor constitutes a day’s work. Any work in excess of eight hours in one workday and any work in excess of 40 hours in any one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be compensated at the rate of no less than one and one-half times the regular rate of pay for an employee. Any work in excess of 12 hours in one day shall be compensated at the rate of no less than twice the regular rate of pay for an employee. In addition, any work in excess of eight hours on any seventh day of a workweek shall be compensated at the rate of no less than twice the regular rate of pay of an employee.”https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=510 · California Labor Code, text from the Legislature's official law database (updated November 1, 2026) · Verified on November 12, 2026
  24. S.F. L.E.C. § 41.4(b). “(b) The Successor Employer shall employ each Eligible Employee identified on the Retention List to work in the Formula Retail Establishment, under the same terms of employment with respect to job classification, compensation, and number of work hours that governed the Eligible Employee and Incumbent Employer, and as otherwise required by law. The Successor Employer shall continue to employ the Eligible Employees in the Retail Formula Establishment for a period of 90 days from the Employee Commencement Date, consistent with the following provisions: (1) The Successor Employer shall make the offer of employment in writing; (2) If the Eligible Employee declines to accept the offer of employment, the Successor Employer’s obligation to offer employment to the Eligible Employee shall be deemed satisfied;”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1174 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  25. S.F. L.E.C. § 41.5(a)-(b). “(a) If the Successor Employer determines that it requires fewer Eligible Employees than were employed by the Incumbent Employer, the Successor Employer shall retain Eligible Employees by seniority based on the date of hire by the Incumbent Employer or, if there is an applicable collective bargaining agreement, pursuant to that agreement. […] (b) During the 90-day transition employment period established in Section 41.4, the Successor Employer may not discharge without cause an Eligible Employee retained pursuant to this Article 41.”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1174 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  26. S.F. L.E.C. § 41.2 ("Eligible Employee"). ““Eligible Employee” shall mean any Employee who has been employed by the Incumbent Employer at the Formula Retail Establishment subject to a Change in Control for at least 90 days prior to the date that the Transfer Document is fully executed. “Eligible Employee” does not include a managerial, supervisory, or confidential employee.”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1174 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  27. S.F. L.E.C. § 42.18. “For Employees of Formula Retail Establishments or Property Service Contractors covered by a bona fide collective bargaining agreement, all or any portion of the applicable requirements of this Article 42 shall not apply to the extent that such requirements are expressly waived in the collective bargaining agreement in clear and unambiguous terms.”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1415 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  28. S.F. L.E.C. § 42.4(e). “(e) Exceptions. The requirements in subsections (c) and (d) of this Section 42.4 shall not apply under any of the following circumstances: (1) Operations cannot begin or continue due to threats to 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 an Act of God or other cause not within the Employer’s control; (4) Another Employee previously scheduled to work that shift is unable to work due to illness, vacation, or employer-provided paid or unpaid time off where the Employer did not receive at least seven days’ notice of the absence; (5) Another Employee previously scheduled to work that shift has not reported to work on time and/or is fired or sent home or told to stay home as a disciplinary action; (6) The Employer requires the Employee to work overtime (i.e., mandatory overtime); or (7) The Employee trades shifts with another Employee or requests from the Employer a change in shift(s), hours, or work schedule.”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1320 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  29. S.F. L.E.C. § 42.3 ("Property Services Contractor"). “shall mean any contractor or subcontractor of an Employer that provides janitorial and/or security services to the Employer at a Formula Retail Establishment in San Francisco covered by this Article 42.”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1320 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  30. OLSE, FRERO FAQ (8/8/25), Property Services Contractors. “Property Services Contractors must comply with the requirements of the following Sections: […] 41.3: Offering Additional Work to Part-time Employees. 42.4: Advance Notice of Work Schedules and Changes in Work Schedules 42.5: Equal Treatment for Part-time Employees […] A Property Services Contractor, and an Employer that has a contract with the Property Services Contractor shall be jointly and severally liable for all amounts due pursuant to a Determination of Violation finding a violation by the Property Services Contractor of Article 41, including for violations of the requirement to offer additional work to existing Part-time Employees.”https://media.api.sf.gov/documents/FRERO_FAQs_8.8.25_9iS2npC.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  31. DIR News Release, August 13, 2026 (Lab. Code § 1182.12(c)). “Beginning January 1, 2027, California’s statewide minimum wage will increase to $17.40 per hour […] On July 31, 2026, the Department of Finance certified the minimum wage increase for 2027”https://www.dir.ca.gov/DIRNews/2026/2026-66.html · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  32. Labor Commissioner's Office, Minimum Wage FAQ. “Similarly, if a local entity (city or county) has adopted a higher minimum wage, employees must be paid the local wage where it is higher than the state or federal minimum wage rates.”https://www.dir.ca.gov/dlse/faq_minimumwage.htm · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  33. S.F. L.E.C. § 41.8(a)-(b). “(a) Employers shall retain employment and payroll records pertaining to current and former Employees for no less than three years.”https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-1174 · Ordinance text, as published by the city or county or its code publisher · Verified on November 12, 2026
  34. OLSE, FRERO FAQ (8/8/25), records, L.E.C. §§ 41.8 and 42.7. “A: Employers must retain the following records for no less than three years: • • • Work schedules and employment and payroll records pertaining to current and former Employees; Copies of written offers to current and former Part-time Employees for additional work hours under Section 41.3; and”https://media.api.sf.gov/documents/FRERO_FAQs_8.8.25_9iS2npC.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026

What changed on this page

  • Page created. Verified against the San Francisco Labor and Employment Code (the City's code publisher), the Office of Labor Standards Enforcement and the California Labor Code.

Start with the rule your week runs into

For everything else California requires

California labor laws: what changes the schedule and the pay

California pays time and a half after 8 hours in a workday and double after 12. The state minimum wage is $17.40 from January 1, 2027.

See the ruleWhen a store is in Los Angeles

Los Angeles Fair Work Week Ordinance

Los Angeles retail employers with 300 or more employees globally post schedules 14 days ahead and owe predictability pay for later changes.

See the ruleWhen a schedule changes late

Fair Workweek Laws 2026: What Triggers Penalty Pay

What triggers predictability pay and what each trigger costs: one hour for a short-notice change, half the hours lost for a cut, and where no figure is published.

Read