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Santa Clara County, CA Employment Preemption: Worker Scheduling Preemption (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

County rule
None for unincorporated areas
City rules
None in SCC's 15 cities
Fast-food authority
AB-1228 Fast Food Council
Retail floor
IWC Wage Order 7
Meal-period rule
Labor Code §512

Summary

Santa Clara County has no predictive-scheduling ordinance. California AB-1228 governs fast-food workers via the statewide Fast Food Council. Outside fast food, no local or state predictable-schedule mandate applies in SCC unincorporated areas or its 15 cities.

City-specific rules exist: San Jose has its own worker scheduling preemption rules that differ from Santa Clara County's county-level regulations. If you live in San Jose, check the city-specific page instead.

This bill would prohibit any city, county, or city and county from enacting or enforcing any ordinance or regulation applicable to fast food restaurant employees that sets the amount of wages or salaries for fast food restaurant employees, except as provided. By imposing additional requirements on local agencies, the bill would impose a state-mandated local program. The Legislature finds and declares that establishing uniform statewide regulation of certain aspects of minimum wage for fast food restaurant workers is a matter of statewide concern.

Source: California AB-1228 Fast Food Council ActView official code

Full Breakdown

Santa Clara County has not enacted a fair workweek or predictive-scheduling rule for unincorporated areas, and none of its 15 cities (San Jose, Sunnyvale, Mountain View, Palo Alto, Cupertino, Santa Clara, etc.) has adopted one either. California AB-1228 (2023) created the Fast Food Council with statewide authority over wages and conditions in covered fast-food chains, preempting local fast-food scheduling rules. Outside fast food, California has no statewide predictive-scheduling statute, so retail, hospitality, and tech-services employers in SCC follow default Labor Code rules: reporting-time pay under IWC Wage Order 7, split-shift premiums, and meal-period rules under Labor Code §512.

Violations & Fines

No county scheduling penalties exist. Fast-food workers may file Fast Food Council complaints. Retail workers may pursue Labor Commissioner claims for reporting-time-pay violations under Wage Order 7 with statutory penalties up to $100 per first violation, $250 thereafter.

Frequently Asked Questions

Do SCC retail workers get advance schedules?
Not by local law. Neither Santa Clara County nor any of its 15 cities has adopted a predictive-scheduling ordinance. California has no statewide rule for retail, so reporting-time pay under Wage Order 7 is the only protection.
What scheduling rules apply to fast-food chains in SCC?
California AB-1228 governs fast-food chains with 60-plus locations nationally through the Fast Food Council. Local fast-food scheduling rules are preempted, though the statewide Council can adopt scheduling standards by regulation.

Sources & Official References

Other rules in Santa Clara County

All Santa Clara County rules

California rules heatmap·Compare Santa Clara County to another location·View the California employment preemption overview

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Worker Scheduling Preemption in Cities Across Santa Clara County