Los Angeles Fair Work Week Lawsuit Investigation: Are Employers Violating L.A. “Clopening” Law, Denying Predictability Pay?

Attorneys working with ClassAction.org are looking into whether class action lawsuits can be filed on behalf of retail employees in the City of Los Angeles or Los Angeles County whose employers may not be properly complying with the L.A. Fair Work Week Ordinance (FWWO).

The FWWO—which took effect in the City of Los Angeles on April 1, 2023 and in Los Angeles County on July 1, 2025—was enacted to ensure covered employers maintain fair employment standards such as providing timely and predictable work schedules, adequate rest breaks between shifts, predictability pay and more.

The attorneys are investigating whether certain retail employers in Los Angeles could be violating the local ordinance by failing to issue workers’ schedules at least 14 days in advance, scheduling consecutive shifts without sufficient rest periods in between, changing shifts without offering predictability pay and other common practices.

As part of their investigation, the attorneys want to hear from retail employees working in the City of Los Angeles or Los Angeles County whose rights may have been violated. If your employer’s business and pay practices are inconsistent with the FWWO’s requirements, you may be entitled to certain penalties and any unpaid wages.

Who’s Covered by the Los Angeles Fair Work Week Ordinance?

With respect to employers, the Los Angeles Fair Work Week Ordinance (FWWO) applies to retail businesses with 300 or more workers globally.

For retail employees, individuals are covered by the Los Angeles labor law if they are eligible for California minimum wage and work for a qualifying employer at least two hours per week in the City of Los Angeles or in unincorporated areas of L.A. County.

These workers are covered by the law regardless of immigration status or whether they are full-time, part-time, seasonal or temporary employees.

When Does My Employer Have to Give Me My Schedule?

The Los Angeles fair workweek law establishes strict requirements for covered employers. For one, they are required to provide new employees with a good faith estimate of their work schedules upon hire or, for current workers, within 10 days of a request.

Under the Los Angeles labor law, an employer must also issue work schedules at least 14 days in advance.

Can My Employer Change My Schedule Last-Minute?

The L.A. fair workweek law requires an employer to provide workers with additional compensation known as predictability pay if it makes changes to their work schedules with less than 14 days’ notice.

The Los Angeles law stipulates that a worker is entitled to one hour of predictability pay at their regular rate if there is a change to their work schedule that results in more than 15 minutes of additional work time, or if there is a change to the date, time or location of a shift. Moreover, according to the labor law, an employee is entitled to half their regular rate for time that they are scheduled as on call but are not called in to work, and for time when their hours are reduced by more than 15 minutes.

Under the Los Angeles Fair Work Week Ordinance, workers have the right to decline certain schedule changes that are made with less than 14 days’ notice from the start of the work period. They also have the right to request a preference for certain hours, times or locations, though an employer may deny it.

What Is a “Clopening” Shift?

The Los Angeles fair workweek law aims to protect an employee’s right to a proper rest period between shifts. It states that employers must obtain a worker’s written consent before scheduling them to work a “clopening” shift—that is, a closing shift followed by an opening shift the next day—with less than 10 hours in between shifts. By law, if the second shift starts within 10 hours of the end of the previous one, the worker must be paid time-and-a-half wages for each hour of the second shift.

Further, the local law mandates that before hiring new workers, employers must offer additional work hours to current employees if they are qualified and it would not result in overtime.

The Los Angeles Fair Work Week Ordinance also requires employers to allow workers to miss shifts without finding coverage if they are unable to work for reasons protected by law.

How Could an Employer Violate the Fair Workweek Law in California?

Retail employers in Los Angeles may violate workers’ rights under the L.A. fair workweek law by posting schedules last-minute, scheduling “clopening” shifts with insufficient rest breaks or making shift changes without offering proper predictability pay. They could also run afoul of the FWWO by making workers find their own coverage for certain missed shifts or hiring new employees before offering available hours to current workers.

In June 2023, a former PetSmart employee filed a lawsuit against the retailer claiming it had flouted a similar labor law in Philadelphia. The case alleged that despite its legal obligations, PetSmart had routinely failed to provide employees with at least 14 days’ notice of their work schedules and often made last-minute changes without permission and without offering predictability pay.

The plaintiff also said the company had never provided her or other employees with a good faith estimate of their expected work schedules after they were hired, as required by law, and illegally failed to offer available shifts to existing workers before bringing new ones on board.

Los Angeles employment lawyers are now looking into whether retail companies in L.A. are in step with the FWWO’s requirements and fully supporting the protections afforded to workers under its purview.

My Employer May Be Breaking the L.A. Fair Workweek Law. What Could I Be Owed?

Retail employers may have to pay restitution and additional penalties to workers for any violations of their rights under the L.A. fair workweek law.

If you believe your employer is not complying with the labor law, you and other affected workers may be entitled to penalties in addition to any unpaid wages.

How Could a Los Angeles Fair Work Week Lawsuit Help?

If filed and successful, class action lawsuits could potentially help affected retail workers in Los Angeles recover penalties and any unpaid wages they may be owed in connection with violations of their rights. L.A. fair workweek lawsuits could also force retail employers to ensure their business and pay practices fully comply with the labor law.

Did Your Employer Change Your Schedule Without Notice? Here’s What You Can Do.

If you’re a retail employee in Los Angeles or L.A. County working for a covered employer and you suspect your rights under the fair workweek law may have been violated, attorneys would like to hear from you.

It’s important to note that under Los Angeles law, employers are prohibited from retaliating against workers for exercising their legal rights, including by filing an L.A. fair workweek lawsuit.

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