Los Angeles Clopening Shift Guidelines: Key Takeaways

Los Angeles Fair Work Week Ordinance requires at least 10 hours of rest between shifts unless employee consents to an exception.
If an employee agrees to work a clopening shift with less than 10 hours of rest, the employer must pay time-and-a-half for the entire subsequent shift.
Employers must provide work schedules at least 14 days in advance and a good faith estimate before hire.

For broader compliance around scheduling and job ads, see our hiring compliance guide.

The Los Angeles Fair Work Week Ordinance introduces vital protections for employees working clopening shifts, emphasizing adequate rest and fair scheduling.

This article explains how employers and employees can comply with or benefit from these new rest period rules.

1. Understanding Los Angeles Clopening Shift Guidelines

Clopening shifts occur when an employee works a closing shift and then returns shortly the next day for an opening shift. These shifts can result in insufficient rest, affecting employee health and productivity. Scheduling oversight typically falls to the restaurant manager role.

The Fair Work Week Ordinance (FWWO), effective April 1, 2023, directly addresses clopening by imposing a mandatory minimum 10-hour rest period between shifts in Los Angeles.

This means an employer cannot schedule a shift to start less than 10 hours after the employee's previous shift ended without explicit written consent from the employee.

When 10-Hour Rest Period May Be Waived

If the employee agrees to a shorter rest period, the employer must:

Obtain the employee’s written consent in advance.
Pay a premium rate of time and a half for the entire duration of the second shift following the short rest.

This compensation incentivizes employers to respect rest periods and discourages overburdening employees with consecutive shifts.

Mitigate wage-and-hour risks related to working off the clock by tightening timekeeping and approval processes.

2. Advance Scheduling Requirements in Los Angeles

The FWWO mandates that employers provide employees with their work schedules at least 14 calendar days in advance. This advance notice helps employees manage their personal, family, and educational obligations.

Additionally, employers must provide a good faith estimate of the work schedule before hiring, which includes expected start times, end times, and total work hours.

Current employees can request this estimate anytime, and employers must respond within 10 days.

To plan staffing proactively, review typical servers staffing levels for peak and off-peak hours.

Importance of Advance Scheduling for Clopening Shifts

Advanced notice is especially crucial for clopening shifts since employees can anticipate when potential rest period conflicts may arise and plan accordingly.

Armed with this information, workers can prepare to negotiate shift swaps or request protected exceptions.

In back-of-house operations, aligning shifts with kitchen manager duties helps prevent short-rest scenarios.

3. Employee Rights Regarding Clopening Shifts in Los Angeles

Employees have several key rights under the FWWO related to clopening shifts:

Right to Decline: Employees can refuse shifts that start less than 10 hours after their previous shift without retaliation or penalty.
Right to Premium Pay: If they consent to a shorter rest, they must receive time-and-a-half premium pay for the full subsequent shift.
Protection from Forced Coverage: Employers cannot require employees to find a replacement if unable to work due to legally protected reasons.

This empowers workers to advocate for healthy work schedules without fear of retaliation or job loss.

Front-of-house schedules should also respect bartender job duties that demand adequate rest between late closings and early openings.

4. Implications for Employers to Avoid Back-to-Back Clopening Shifts

Employers, particularly those with 300 or more employees globally such as in retail and hospitality sectors, need to rigorously review scheduling practices to comply with FWWO rules.

Key obligations include:

Proactively preventing schedules where employees have less than 10 hours of rest between shifts unless written consent is secured.
Budgeting for premium pay if clopening shifts with shorter rest periods are agreed upon.
Providing clear and timely advance notices and good faith schedules to employees.
Maintaining accurate records of employee consent forms and shift schedules to avoid legal consequences.

Non-compliance risks fines, legal disputes, and harm to employer reputation.

To improve scheduling oversight, many operators choose to hire a restaurant manager with strong labor-planning skills.

5. Practical Tips for Compliance with Los Angeles Clopening Shift Guidelines

To effectively avoid violations and support employee well-being, employers should consider these strategies:

Implement scheduling software that automatically flags insufficient rest periods and prevents last-minute clopening shifts.
Train managers and schedulers about FWWO requirements and proper documentation of consent when exceptions arise.
Communicate clearly with employees about their rights and options related to clopening shifts during onboarding and regularly.
Offer flexible scheduling alternatives such as shift swapping or adjusting shift times to minimize clopening occurrences.

Document roles and expectations clearly, starting with a solid server job description for fair shift planning.

6. Supporting Employees Through Fair Clopening Shift Handling

Businesses can foster a positive workplace culture by respecting rest periods and valuing employee input on schedules.

Some practices include:

Encouraging employees to voice scheduling preferences and concerns.
Recognizing the premium pay as fair compensation rather than a penalty.
Using consistent policies to prevent confusion and perceived unfairness.

Ensuring employees have adequate rest improves morale, reduces turnover, and promotes productivity.

7. Official Resources on Los Angeles Clopening Shift Guidelines

For detailed and up-to-date information consultation, consider these authoritative resources:

For broader wage-and-hour context, review the latest California overtime law guidance.

Los Angeles Clopening Shift Guidelines: Conclusion

The Los Angeles Fair Work Week Ordinance represents a meaningful step toward fair scheduling and employee health by mandating at least 10 hours of rest between shifts.

By understanding these rules, employers can avoid costly compliance issues while fostering a respectful work environment. Employees gain critical protections and clarity about their rights regarding clopening shifts.

Adhering to these guidelines is essential for creating sustainable work schedules that balance business needs with workers’ well-being.

01. What is a clopening shift in Los Angeles?

A clopening shift occurs when an employee works a closing shift one day and then an opening shift the next day with potentially less than 10 hours of rest in between.

02. What is the minimum rest period required between shifts?

The Los Angeles Fair Work Week Ordinance requires at least a 10-hour rest period between shifts, unless the employee consents otherwise in writing.

03. What happens if an employee agrees to a rest period shorter than 10 hours?

If an employee agrees to work with less than 10 hours of rest between shifts, the employer must pay time-and-a-half premium pay for the entire subsequent shift.

04. Are employers required to provide work schedules in advance?

Yes. Employers must provide work schedules to employees at least 14 calendar days in advance and give a good faith estimate before hiring.

05. Can employees refuse clopening shifts?

Yes. Employees have the right to decline shifts that provide less than 10 hours rest between them without facing retaliation or penalty.