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.
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.
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.
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San Jose, CA
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See how San Jose's worker scheduling preemption rules stack up against other locations.
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