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San Diego, CA Employment Preemption: Worker Scheduling Preemption (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Local ordinance
None enacted
State law
AB-1228 (Fast Food Council)
Fast-food coverage
Chains with 60+ US locations
General reporting pay
IWC Wage Order 7
Council rate (Apr 2024)
$20 per hour fast food

Summary

San Diego has not adopted a Fair Workweek predictive-scheduling ordinance. California AB-1228 created a statewide Fast Food Council setting wages and standards for fast-food chains, but no general predictive-scheduling mandate applies to other industries.

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. [...] (8) Nothing in this section shall be construed to permit the council to develop or promulgate regulations regarding predictable scheduling. Predictable scheduling does not include reporting time pay. [...] (a) (1) The hourly minimum wage for fast food restaurant employees shall be twenty dollars ($20) per hour, effective April 1, 2024. Thereafter, the council may establish, pursuant to this subdivision, minimum wages for fast food restaurant employees that take effect on an annual basis, beginning on January 1, 2025.

Source: California AB-1228View official code

Full Breakdown

Unlike Los Angeles, Berkeley, or Emeryville, San Diego has not enacted a Fair Workweek ordinance requiring advance schedules, predictability pay, or rest between shifts for retail or hospitality workers. California AB-1228 (2023) instead created the Fast Food Council under Labor Code §1474 to set wages and working conditions specifically for fast-food chains with 60+ locations nationally. The Council set a $20 minimum wage in April 2024 and may issue future scheduling rules. Other industries in San Diego follow only general California Labor Code reporting-time pay (Wage Order 7) and Industrial Welfare Commission rules. The city Office of Labor Standards has no scheduling authority absent local legislation.

Violations & Fines

Reporting-time-pay violations under Wage Order 7 entitle workers to two to four hours of pay when scheduled and sent home. Fast-Food Council rule violations under AB-1228 are enforced by the state Labor Commissioner.

Frequently Asked Questions

Does San Diego require advance work schedules?
No. The city has no Fair Workweek ordinance. Most workers receive only the general reporting-time-pay protections of California IWC Wage Order 7 if sent home after reporting.
Who is covered by the AB-1228 Fast Food Council?
Employees of limited-service restaurant chains with 60 or more establishments nationwide. Independent restaurants and most other industries are not covered by the Council's wage and standards orders.

Sources & Official References

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