Fair Workweek Ordinance

NOTICE

Draft Implementing Regulations for the Fair Workweek Ordinance will be made available for public comment beginning June 26, 2017 through July 31, 2017.  The Draft Implementing Regulations will be posted on this website with a link to submit written comments.  Hard copies of Draft Implementing Regulations will also be available at 1333 Park Avenue, Emeryville during regular business hours, and written comments may be submitted by mail or in person during regular business hours.

The Fair Workweek Ordinance becomes effective July 1, 2017.  From July 1, 2017 through December 31, 2017 the City will implement a “soft launch” of the ordinance.  The City will used this initial six month period to focus on education of employers by accepting and investigating complaints of violations of the Fair Workweek Ordinance, however penalties and fines will not be assessed.  Full enforcement of the Fair Workweek Ordinance, including all penalties and fines for violations, will begin on January 1, 2018.  Beginning July 1, 2017, and throughout the soft launch period, employees may still pursue a private right of action as provided in the Fair Workweek Ordinance.

On July 25, 2017 the City Council instructed staff to bring the draft regulations for the Council’s consideration at their September 5, 2017 meeting. The draft regulations was presented for the Council’s approval at this meeting.

On September 5, 2017, the City Council reviewed the final draft Implementing Regulations, and directed staff to return in October with amendments to the Fair Workweek Ordinance and revised draft Implementing Regulations reflecting the recommended changes. The first reading of the amended Fair Workweek Ordinance is scheduled for October 3, 2017. If adopted, the second reading will be scheduled for October 17, 2017. Note that during this time, implementation of the Fair Workweek program will continue according to the timeline below. The Fair Workweek Ordinance is effective, the “soft launch” period is still in effect, and business should be conducted accordingly.  

 

 
Draft Fair Workweek Ordinance Regulations

Draft Fair Work Week Regulations Feedback Form


Please use the following form to submit comments and questions about the Fair Workweek Ordinance draft regulations. The full text of the draft regulations are available above. Please refer to the full version while filling out the feedback form.

All comments are voluntary and can be made anonymous; just leave a first name for the contact information if you do not want the City of Emeryville to respond to your comments. 

Comment Letters from the Fair Workweek Regulations Feedback Form:

Online Submissions from the Fair Workweek Regulations Feedback Form:

Fair Workweek Ordinance Open Forums

Employer Open Forum Presentation. (pdf) 
  
Forums for employees was held in an “open office hours” format. Live Web Stream of the Employer Open Forum click here for the details.

Fair Workweek Implementation Timeline

  • June 26, 2017 – Draft regulations are published online, public comment period begins, follow-up notices are emailed to stakeholders informing them that regulations are available for review and comment. Stakeholders may submit comments in writing, by phone, email, or on website.
  • July 1, 2017 – Ordinance becomes effective, “soft roll-out” enforcement begins (investigation of complaints, but no fines)
  • July 14, 2017 – Written comments that have been received are posted to website
  • July 15 to July 31, 2017 – Public forums conducted. Staff conducted two Employer forums and two Employee forums allowing for participation through online and in-person platforms
  • July 31, 2017 – Public comment closes
  • August 1 to August 31, 2017 – Revisions are made; educational materials are created
  • August 11, 2017 – All written comments received are posted to website
  • September 1, 2017 – Final Draft regulations are posted to website
  • September 1 to September 31, 2017 – Educational workshops/distribution of educational materials
  • September 5, 2017 –City Council discussion of Regulations
  • October 3, 2017 –First Reading of Amended Ordinance and City Council direction on Regulations
  • October 17, 2017- Second Reading of Amended Ordinance and Adoption of Regulations by City Council
  • October 1 to December 31, 2017 – Employers incorporate materials, test and adjust processes
  • January 1, 2018 – “Soft roll-out” enforcement ends, full enforcement with fines begins

Background on Ordinance Process

Ordinance Highlights (outline of specific ordinance provisions) 
Chronological Order of Process: