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

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

Key Facts

Code chapter
SJMC Chapter 4.101
Effective date
March 13, 2017
Covered employers
36 or more employees
Core requirement
Offer hours to PT first
Fast-food preemption
AB-1228 covers chains

Summary

San Jose's Opportunity to Work Ordinance (SJMC Chapter 4.101, 2017) requires employers with 36 or more workers to offer additional hours to qualified part-time employees before hiring new staff or using subcontractors.

1474. For purposes of this part: (a) “National fast food chain” means a set of limited-service restaurants consisting of more than 60 establishments nationally that share a common brand, or that are characterized by standardized options for decor, marketing, packaging, products, and services, and which are primarily engaged in providing food and beverages for immediate consumption on or off premises where patrons generally order or select items and pay before consuming, with limited or no table service. For purposes of the definitions in this part, “limited-service restaurant” includes, but is not limited to, an establishment with the North American Industry Classification System Code 722513. (b) “Council” means the Fast Food Council.

Source: SJMC Chapter 4.101 Opportunity to Work OrdinanceView official code

Full Breakdown

SJMC Chapter 4.101, approved as Measure E in November 2016 and effective March 13, 2017, requires employers with 36 or more employees to offer additional work hours to existing qualified part-time staff before hiring new employees, temps, or subcontractors. Employers must use a transparent and nondiscriminatory process to distribute hours. The Office of Equality Assurance enforces. Workers may decline. California AB-1228 (2023) created statewide fast-food predictive-scheduling rules through the Fast Food Council, which preempt local scheduling laws for chains with 60+ locations. San Jose's Opportunity to Work rule still applies to non-fast-food employers.

Violations & Fines

Civil penalties up to $50 per day per affected worker, restitution of lost wages, plus reinstatement of hours wrongly given to new hires. Retaliation against complaining workers triggers additional fines and possible court orders under Chapter 4.101.

Frequently Asked Questions

Does Opportunity to Work require advance schedules?
No. Unlike LA's Fair Workweek law, San Jose's rule only requires offering existing part-time workers more hours before hiring new staff. There is no 14-day notice mandate.
Does it apply to fast-food chains in San Jose?
Generally no for chains with 60+ locations. AB-1228 vests fast-food scheduling authority in the statewide Fast Food Council, preempting local rules for those workers.

Sources & Official References

Other rules in San Jose

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All San Jose rules

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