As an employer, there are few things more important than your employee schedule. When you build your schedule, you set which employees are going to be on site (or on call) during the workday, how many team members you’ll need throughout the workweek (and when you’ll need them), and the total number of hours you’ll need to allocate for payroll and labor costs.
But things change—and you may need to change your schedule at the last minute.
What do you do in that situation? If you do need to make last-minute scheduling changes, what labor laws or employment laws do you need to follow? How far in advance do you have to post a work schedule in the state of California—and what happens if you have to change that schedule after you post it?
Let’s take a look at everything you need to know about scheduling laws in California—when you have to post your employee work schedule, how much notice you need to give your team about their scheduled shifts, and what to do if you have to switch up your employee schedule after it’s already been posted:
Understanding federal laws around employee scheduling
First things first—before we jump into employee schedule laws in the state of California, let’s quickly cover what the laws are surrounding scheduling on a federal level.
Under the Fair Labor Standards Act (FLSA), employers are allowed to change an employee’s schedule at will, without any advance notice or the requirement to post the schedule in advance. According to the Department of Labor, “an employer may change an employee’s work hours without giving prior notice or obtaining the employee’s consent (unless otherwise subject to a prior agreement between the employer and employee or the employee’s representative).”
So that means that under federal law, unless there is an existing collective bargaining agreement in place that states the employee will get advanced notice on scheduling or scheduling changes, the employer really holds the power when it comes to scheduling (as long as their scheduling doesn’t violate any other relevant labor laws, like overtime laws).
California state employee scheduling laws
So, federal law allows employers to make, post, and change employee schedules at their discretion. But what about the state level—and, more specifically, in the state of California?
Certain states have enacted laws (called “predictive scheduling laws”) to protect employee rights and put restrictions around employee schedules, including when employers need to post them and how long employers have to make changes. For example, under Oregon state law, employers are required to give their employees at least seven calendar days advance notice of any changes to their schedule. And in Washington, D.C.? That time frame increases to 21 days.
So, the question is, what does California law say about employee scheduling?
Technically, California doesn’t have any predictive scheduling laws. While a number of bills have been introduced to the California legislature (like most recently, SB 850, better known as the Fair Scheduling Act of 2020), to date, none have officially been signed into law.
But while there are no predictive scheduling laws at the state level, there are local jurisdictions that have passed their own predictive scheduling ordinances for certain businesses; for example, in San Francisco, under the Formula Retail Employee Rights Ordinance Act, which aims to protect non-exempt employees and part-time employees working in retail establishments, employers must provide their employees with schedules two weeks in advance. San Jose, Berkeley and Emeryville are the other California cities that have established laws around scheduling workers.
Like San Francisco, Emeryville requires two weeks advance notice for scheduling shifts. Meanwhile, San Jose and Berkeley do not require advance notice, though they have implemented certain rules around scheduling. In Berkeley, employees can request flexibility in their schedule twice a year or in response to a major life event, while in San Jose employers must offer additional hours to part-time employees before hiring more staff. Remember, there are stipulations around which businesses must comply with these laws, and additional details on doing so. Be sure to check local regulations for more information.
It’s also important to note that while California doesn’t have statewide predictive scheduling laws, they do have statewide restrictions around employee scheduling. For example, if an employee reports for a scheduled shift and you end up sending them home or cutting their hours, you’ll need to pay them for half of their scheduled day’s work at their regular rate of pay, which is known as “reporting time pay.”
How far in advance do California employers have to post employee work schedules?
So, bottom line: how far in advance do California employers have to post employee work schedules?
And the answer is—it depends.
If your business operates in an area that has its own local predictive scheduling ordinances, you’ll need to post your schedule in accordance with those ordinances.
But if you operate your business in an area without any predictive scheduling ordinances, essentially, you can post your employee’s work schedule whenever you’d like. And as long as scheduling changes are in line with any existing employment contract you have with your employee or any relevant labor laws (like the reporting time pay rule we covered earlier), you can also make changes to your employee schedules as you see fit.
Why you should always try to post your employee schedule in advance
As mentioned, by state law, you’re not required to post your employee schedule at any time. But even though there’s not a requirement to give your employees their schedules in advance, you should always aim to give them as much advance notice of their scheduled shifts as possible.
Your employees have to schedule the rest of their lives around their hours of work. If they’re only getting a few days notice of the upcoming workweek’s schedule, it could make it harder to plan for things like childcare and transportation (which is already challenging in the midst of COVID-19).
Giving your employees their work schedule well in advance will give them the time and space they need to plan their life accordingly—and will make for better employee relations between your team, yourself, and your human resources department.
So while last minute scheduling issues may come up once in a while, as a rule, give them as many days notice on their scheduled shifts and any schedule changes as soon as you possibly can.
1. Introducing Yourself
Your introductory email needs to pack a lot of information into a small package. Try something like this:
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Hello Jane,
My name is John Doe and I work for ABC Agency, where we provide business insurance policies to many of Dallas' rockstar small businesses.
Congratulations on your new business, Jane's Bakery. Are you wondering if you have all the insurance you need? Or if your policies will really cover you in a pinch?
At ABC Agency, we pride ourselves on providing robust, comprehensive coverage options to companies like yours with flexible, pay-as-you-go plans.
Are you available this week to talk more about how we can help? I can help you find the most affordable rates and the best policies out there.
I look forward to speaking with you soon.
Cheers,
John Doe
2. Presenting a Quote
Once you've met with your potential client, a quick reply with their quote will get the ball rolling.
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Hi Jane,
Thanks so much for meeting with me this morning. I loved touring Jane's Bakery–I can still smell those delicious chocolate chip cookies baking! You have a great location, and I'm sure you're going to do great on Front St.
After reviewing my notes, I've pulled together an insurance quote for you (attached). I recommend a business owner's policy. A BOP includes several insurance products in one: liability, property insurance, and business interruption insurance. It offers robust coverage at a competitive price.
I'll call you in a few days to see what you think about this insurance plan. In the meantime, if you have any questions, don't hesitate to email me or call me at [phone number].
Again, thank you for your time today. I look forward to working with you in the future.
Cheers,
John Doe
3. Thanks for Purchasing a Policy
Gratitude is important! It's never a bad idea to thank your clients for their business.
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Hi Jane,
Thank you for choosing a business owner's policy with ABC Agency. We know it's so important to get the right coverage for your business, and we are honoured you've placed your trust in us.
We're excited to work closely with you, and our no. 1 goal is to make sure you're business is always protected.
Do you have any questions? We are here to help. Reach out whenever something comes to mind.
Thank you again for choosing ABC Agency to insure Jane's Bakery.
Cheers,
John Doe
4. Welcome Email
A welcome email helps clients feel like you're there to help–and can softly pitch other insurance products you offer.
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Dear Jane,
Welcome to the ABC family! We are thrilled to have you as a new customer and can't wait to meet all of your insurance needs.
As an independent insurance agency, we work with multiple insurance providers to find the best coverage options for all our customers. If you need any other type of insurance–like [include additional offerings unique to your agency, like life insurance, health insurance, home insurance or anything else]–we can help you too.
Do you want to discuss any of these policies?
Cheers,
John Doe
5. Introducing a New Product
A happy client may want to expand their business with you.
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Hello Jane,
I hope all is well with you and Jane's Bakery. I stopped in yesterday for a blueberry muffin and coffee, and they were delicious. I loved the hint of cinnamon in the muffin! Was that your idea?
I wanted you to be the first to know we are now offering commercial vehicle insurance to our policyholders. Auto insurance for your catering vans is super important since your personal car insurance won't cover them.
We're offering this insurance coverage solely to our current business clients at the moment and have some very competitive rates.
Would you like me to work up a quote for you?
As always, thanks so much for being a part of the ABC family.
Cheers,
John Doe
6. Asking For Referrals
Once your relationship is established and comfortable, let your clients help you grow.
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Hi Jane,
You've been a valuable member of the ABC family for two years now, and we so appreciate your business–not to mention the muffins you supply for our monthly meetings!
Because you are a valued policyholder, I wanted to ask a quick favour. I know you are active in the local Chamber of Commerce, and I'm hoping you might know some colleagues who would benefit from working with our insurance company.
Referrals are one of the most effective ways to connect with our community since people really trust their friends, family and colleagues. Is there anyone you'd recommend I speak with?
Remember that in addition to business insurance products, we offer everything from life insurance policies to pet insurance.
As a thank you for your help, we will send you an Amazon gift card of $100 when your referrals buy insurance from us.
Thanks so much for your help!
Cheers,
John Doe
7. Policy Renewal
If your client needs to renew their policy with you, send an email like this:
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Hi Jane,
I hope you're doing well! What a year it's been—from being listed as one of the top 5 bakeries in Dallas to being an official vendor for the city—you have so much to be proud of.
Just a heads up that your business owner's policy is up for renewal soon and will expire on June 15, 2023.
If you're still happy with the coverage, we can easily renew it for you.
Do you have some time to chat this week?
Looking forward to serving you again!
Cheers,
John Doe