©2023 Seyfarth Shaw LLP www.seyfarth.com 2023 Cal-Peculiarities | 265 period.582 Finally, if an employer changes the schedule, employees can decline any hours not included in the original schedule. Any consent to a schedule change must be in writing.583 Employers must also post a Cityissued notice of rights.584 Before hiring new employees (or bringing on contractors or temps), an employer must offer work to current qualified employees if the additional work would not result in overtime.585 Additional hours offered to current qualified employees must be conspicuously posted for at least 72 hours before hiring a new employee (unless all employees confirm they are not interested in the new hours, in which case, the employer can fulfill its staffing needs).586 Employees who accept offers under these circumstances are not entitled to predictability pay (described below) if the additional hours result in schedule changes.587 “Predictability pay” will be required when a schedule is changed under certain circumstances.588 Employers will owe one hour of pay at the regular rate for changes in time, date, or location that do not result in loss of employee time, or that add more than 15 minutes to an employee schedule.589 Employers will also owe half the employee’s regular rate of pay for time not worked if the employer reduces the scheduled time by 15 minutes or more.590 However, predictability pay is not required for the following: employee-requested schedule changes; employees voluntarily accepting schedule changes due to another employee’s absence; hours changed as a result of the employee’s violation of law or the employer’s policies; the employer’s operations are compromised due to force majeure; or where extra hours would result in overtime payments.591 Employees are required to give employers written notice of any alleged violations and an opportunity to cure before filing a claim with the City.592 Employers have 15 days to cure alleged violations.593 The City can recover up to $500 per violation per each employee.594 Both employees and the City will also be entitled to administrative penalties that accrue on a daily basis.595 Employees will be able to enforce the ordinance through a private right of action and attorneys’ fees will be awarded to prevailing plaintiffs.596 (However, an entity enforcing the ordinance on behalf of the public shall only be entitled to equitable, injunctive, and/or restitutionary relief, and reasonable attorneys’ fees.)597 7.24 How Does California Law Affect Multi-State Employees? 7.24.1 Out-of-state residents who temporarily work in California In paying employees, employers traditionally apply the wage and hour laws of the state where the employee resides or performs the most work, even when an employee occasionally works elsewhere. When multi-state employees work in California, however, it can be different. Sullivan v. Oracle. In this 2011 decision, the California Supreme Court held that non-California residents who work in California for a California-based employer were subject to California daily overtime laws if they performed their California work for whole days.598 Oracle also held that California’s UCL applies to this work.599 Although Oracle explicitly limited its decision to the circumstances of that case, the decision raised questions about its broader implications: whether Oracle applies to partial days of work performed within California by non-California residents, whether other wage and hour provisions, not just California’s daily overtime provisions, apply to nonresident employees who work in California, and
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