What if My Employer Changes My Schedule Without Notice?

In California, certain workers—especially in the retail and food service industries, face last-minute schedule changes, shift cancellations, and unpredictable hours with little or no warning. These situations cause economic hardship and make it difficult to balance work with personal responsibilities. While California does not yet have a statewide “predictive scheduling” law, trend-setting cities and local ordinances have begun offering workers some protections. If your employer changes your work schedule without proper notice or cuts your hours unfairly, you may have legal options.

Employer Obligations Regarding Scheduling in California

California does not currently have a statewide predictive scheduling law. However, several local jurisdictions—particularly in larger cities like San Francisco—have enacted ordinances that protect employees in certain industries. These laws typically target large employers in the retail and fast-food sectors.

Key employer obligations in certain cities include:

• Advance Notice of Schedules: Employers may be required to provide schedules at least two weeks in advance.
• Predictability Pay: If employers change a posted schedule on short notice, they may be obligated to compensate the worker for the inconvenience. This is known as “predictability pay.”
• Right to Rest Between Shifts: In some cities, if an employee is scheduled for a closing shift followed by an opening shift the next day (a “clopening”), they are entitled to additional compensation or can decline the shift.
• Offering Additional Hours to Existing Workers: Before hiring new workers or contractors, employers may need to offer available shifts to current employees.

Statewide, employers must also comply with general wage and hour regulations, and retaliating against workers for asserting their scheduling rights may violate California labor laws.

Examples of Common Predictive Scheduling Violations

The following are examples of employer conduct that may violate local predictive scheduling laws or labor protections in California:

• Reducing Hours Without Notice: A restaurant changes an employee’s schedule from 30 hours to 10 hours per week without reasonable notice or explanation.
• Canceling Shifts Last Minute: A retail store manager cancels scheduled shifts only hours before the shift begins, without paying the employee predictability pay.
• Not Posting Schedules in Advance: A grocery store repeatedly posts schedules less than 24 hours before the workweek begins.
• Failure to Offer Extra Shifts: A fast-food employer hires new part-time workers rather than offering additional hours to available current employees.

If you experience any of the above, you may be entitled to compensation or have grounds to file a complaint with a labor agency or take legal action.

Steps to Take if Your Schedule Is Changed Without Notice

If your employer changes your schedule without sufficient notice or cuts your hours unfairly, take the following steps to protect your rights:

• Document Everything: Keep copies or pictures of posted work schedules, texts, emails, or any communication about your shifts. Record any schedule changes, including cancellations or reduced hours.
• Know Your Local Laws: Depending on your city, you may be protected by a local ordinance. For example, San Francisco’s “Retail Workers Bill of Rights” covers certain scheduling practices.
• Talk to Your Employer: In some cases, schedule issues can be resolved by discussing concerns directly with management. Always remain professional and document the conversation.
• File a Complaint: If your employer refuses to comply with the law and you are located in a city with predictive scheduling rules, you may be able to file a complaint with your city’s Office of Labor Standards Enforcement (OLSE) or equivalent agency.
• Contact a Labor Attorney: If your hours are being drastically cut, changed without notice, or you suspect you are being retaliated against, speak to an experienced employment attorney. You may have claims for lost wages, labor code violations, or wrongful termination.

Contact Miracle Mile Law Group for Help With Scheduling Violations

If you work in California and your employer repeatedly changes your schedule without notice, cuts your hours unfairly, or violates predictive scheduling rules, you may be entitled to legal relief. Depending on the facts, this could include backpay, penalties, or compensation for lost hours.

The attorneys at Miracle Mile Law Group are experienced in representing California employees in wage and hour disputes, scheduling violations, and labor code claims. We can help you understand your legal rights and options based on your location, industry, and work history.