Fair Workweek Ordinance

COVID 19 UPDATE

*Special Notice Regarding Fair Workweek and COVID-19

 Due to the global coronavirus pandemic-COVID019, and the emergency stay at home orders issued by the State Public Health Officer and the Alameda County Public Health Officer, Covered Employers as defined by the City of Emeryville’s Fair Workweek Ordinance (Emeryville Municipal Code “EMC” Title 5, Chapter 39) are not required to provide premium pay for schedule changes as required by EMC § 5-39.04 if business operations “cannot begin or continue” during the period of the State and County emergency orders. (See EMC section 5-39.04, subsections (d)(1) and (d)(3).)

The City of Emeryville nevertheless emphasizes that, especially in this time of uncertainty for our community, it is important for businesses to have clear communication with employees regarding business operations and staffing needs on a daily basis.

 

     
    The Fair Workweek Ordinance became effective July 1, 2017.  From July 1, 2017 through December 31, 2017 the City implemented a “soft launch” of the ordinance. Full enforcement of the Fair Workweek Ordinance, including all penalties and fines for violations, began on January 1, 2018. 

    Covered Employers under this Ordinance:


    Retail Firms with 56 or more employees globally and Fast Food Firms with 56 or more globally and 20 or more employees in Emeryville.     
     
    GENERAL RESOURCES

           

Employer Resources


       Employee Resources

Fair Workweek Implementation Timeline

 

  • June 26, 2017 – Draft regulations are published online, public comment period begins, follow-up notices are emailed to stakeholders informing them that regulations are available for review and comment. Stakeholders may submit comments in writing, by phone, email, or on website.
  • July 1, 2017 – Ordinance becomes effective, “soft roll-out” enforcement begins (investigation of complaints, but no fines)
  • July 14, 2017 – Written comments that have been received are posted to website
  • July 15 to July 31, 2017 – Public forums conducted. Staff conducted two Employer forums and two Employee forums allowing for participation through online and in-person platforms
  • July 31, 2017 – Public comment closes
  • August 1 to August 31, 2017 – Revisions are made; educational materials are created
  • August 11, 2017 – All written comments received are posted to website
  • September 1, 2017 – Final Draft regulations are posted to website
  • September 1 to September 31, 2017 – Educational workshops/distribution of educational materials
  • September 5, 2017 –City Council discussion of Regulations
  • October 3, 2017 –First Reading of Amended Ordinance and City Council direction on Regulations
  • October 17, 2017- Second Reading of Amended Ordinance and Adoption of Regulations by City Council
  • October 1 to December 31, 2017 – Employers incorporate materials, test and adjust processes
  • January 1, 2018 – “Soft roll-out” enforcement ends, full enforcement with fines begins

Background on Ordinance Process

Ordinance Highlights (outline of specific ordinance provisions) 
Chronological Order of Process:

 

Contact Us

If you have any further questions or require assistance please call (510) 596-4351 or email fairworkweek@emeryville.org.