The California Restaurant Association (CRA) and coalition partners along with others in the business community have been working diligently in opposition to this concept since early December 2014 to convey to members of the legislature our strong opposition and the negative impact this bill will have on the restaurant community.
The proposed legislation seeks to impose a one-size-fits-all approach on “general retail and food” establishments, including restaurants, with 500 or more employees in the state and 10 or more locations nationwide. It fails to consider that not every restaurant model is identical and operates in the same standardize manner. AB 357 seeks to confine employers to rigid and unworkable two week schedule requirements for employees and imposes penalties for any employer-initiated schedule changes.
Under this bill, if the employer makes any changes to the employee’s schedule less than seven days in advance, penalties are imposed on the employer by requiring them to “compensate” the affected employee(s), as follows:
· One hour of compensation if less than 7 days’ notice, but more than 24 hours;
· Two hours of compensation for a shift less than four hours or less if the employer provides less than 24 hours’ notice; and
· Four hours of compensation for each shift more than four hours if less than 24 hours’ notice.
Furthermore, an employer would be required to “compensate” an employee for each on-call shift the employee is “on-call,” but is not called in to work, as follow:
· Two hours of compensation for each on-call shift of four hours or less; or
· Four hours of compensation for each on-call shift of more than four hours.
The CRA advocacy team will continue to engage with legislators and their staff as the bill goes through the legislative process with the goal of stopping the bill in the Appropriations committee.