Santa Clara County, CA Employment Preemption: Worker Scheduling Preemption (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.
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.
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?
What scheduling rules apply to fast-food chains in SCC?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California employment preemption overview
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