Effective 3/13/2017, San Jose employers must offer additional hours of work to current part-time employees before agreeing to hire additional, outside workers. These current part-time employees must in “good faith and reasonable judgment” have the necessary skills and experience to perform the work. Employers are not required, however, to offer hours to part-time employees if doing so would require overtime pay.

What does this mean for you?
San Jose employers should create a policy that communicates its offer of additional hours to existing employees and documents the process in writing. Examples:

  • Post additional hours in a visible place where any employee can see;

  • Post additional hours in any languages spoken by at least 5% of the employees and include timeline for employees to respond to additional hours;

  • Email offers of additional hours;

  • Individually meet with employees and offer additional hours; and/or

  • Have part-time employees indicate their interest or lack of interest in additional hours.

More information can be found by clicking here. Please contact Stokes Wagner with any questions.

For more legal updates, check out our update for September 2017!

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