Summary:

• Inconsistent shifts and sudden schedule changes place undue financial and logistical stress on the lives of employees outside of work. 
  
• Predictive scheduling laws address this issue by mandating advance notice for schedules and premium pay for sudden shift changes. However, navigating these laws can be challenging due to varying city and state regulations.
  
• Employers navigate predictive scheduling laws with specialized software that accounts for local labor ordinances, enforces fair scheduling practices, automates predictability pay, and maintains records.

---

Unpredictable schedules and last-minute shift changes have long created financial instability and operational challenges in hourly workplaces. In response, a growing number of U.S. jurisdictions have introduced Fair Workweek laws to improve schedule predictability and transparency.

What are predictive scheduling or Fair Workweek laws?

“Fair Workweek laws” is a commonly used term for a set of local labor regulations, also known as predictive scheduling laws, that aim to give employees more predictable, stable work schedules. The term has evolved into a catch-all for a growing set of local and state regulations aimed at addressing “just-in-time” scheduling practices.

There is no single federal Fair Workweek law in the United States. Instead, individual jurisdictions have enacted their own rules under different names. For example, New York City, Chicago, and Philadelphia use “Fair Workweek,” while others, such as Oregon, Seattle, and San Francisco, use different terminology but enforce many of the same requirements.

At their core, these laws are designed to reduce the uncertainty and financial instability that can result from last-minute scheduling changes in hourly workplaces.

Although requirements vary by location, most Fair Workweek laws include a common set of rules:

• Advance notice of schedules: Employers must provide work schedules in advance, typically 14 days.
• Predictability pay: Employees receive additional compensation if schedules are changed after posting.
• Right to rest: Employers must provide a minimum number of hours between shifts or pay a premium if the employee agrees to work.
• Right to decline shifts: Employees can refuse certain last-minute or “clopening” shifts without penalty.
• Good faith estimate: Employers must provide an estimate of expected work hours at the time of hiring.
• Access to additional hours: Existing employees are often given priority for additional shifts before new hires.

Many laws also include recordkeeping requirements and protections against retaliation.

In practice, Fair Workweek laws apply to a relatively small portion of the U.S. workforce—primarily large employers in industries like retail, hospitality, and food service—but they can have a significant operational impact on businesses that meet coverage thresholds.

Enforcement and risk also vary widely by jurisdiction. Some cities, like New York, have pursued large, high-profile enforcement actions, while others rely more on complaint-driven enforcement. As a result, compliance priorities often depend as much on location as on the law itself. Even so, compliance isn’t something employers can afford to overlook, as violations can still surface through complaints and lead to penalties.

Where are Fair Workweek laws being implemented?

Oregon (Statewide Predictive Scheduling Law)

Oregon is the only place where predictive scheduling laws are being implemented statewide so far.

Covered employers

Employers in the retail, hospitality, and food service industries with 500 or more employees worldwide

Advance notice period

• Written work schedules at least 14 days in advance, including on-call work
• Good faith estimates upon hiring
• Employees may decline shifts that are not included in the posted schedule.

Predictability pay

Employees are entitled to additional compensation when schedules are changed without sufficient notice:

• One hour of additional pay at the regular rate, in addition to wages earned, when:
  • Time is added to a shift (30 minutes or more)
  • The date or start/end time of a shift is changed without reducing hours
  • An additional shift or on-call shift is added
• Half the employee’s regular rate of pay for lost hours when:
  • Hours are reduced
  • Changes that result in loss of shift hours
  • A shift is canceled
  • An on-call shift is not ultimately worked

Rest hours and clopening

There must be a 10-hour rest period between shifts. Employees can decline the rest period and be paid at time and a half. 

Exceptions

Additional pay is not required for schedule changes due to natural disasters or events outside an employer’s control, such as floods, earthquakes, tsunamis, wildfires, extreme temperatures, war, or explosions.

Berkeley, CA (Fair Workweek Ordinance)

Berkeley’s Fair Workweek Ordinance applies to employers in certain industries, with coverage thresholds that vary by sector.

Covered employers

Employers operating in the City of Berkeley with 10 or more employees in Berkeley, and:

• 56 or more employees globally in industries such as retail, hospitality, healthcare, building services, manufacturing, and warehouse services
  
• 100 or more employees globally if they are:
  • Restaurant employers
  • Franchisees in the retail or restaurant industries
  • Nonprofit organizations in covered industries

Advance notice period

• Written work schedules at least 14 days in advance, including on-call work
• Good faith estimates upon hiring

Predictability pay

• 1 hour of predictability pay for any schedule change made between 1 and 14 days before a shift.
• Up to 4 hours of predictability pay (or the number of hours reduced, whichever is less) for cancellations or reduced hours with less than 24 hours’ notice.
• 1 hour of predictability pay for adding, changing, or moving a shift with less than 24 hours’ notice.

Rest hours and clopening

Employers must allow employees to decline shifts that occur less than 11 hours apart.

Exceptions

Predictability pay is not applicable to employee-initiated shift swaps or changes. It is also not owed for grace periods of 10 minutes before and after a shift.

Access to hours for existing employees

Employers must offer any additional hours to existing part-time employees before hiring new staff or temporary worker.

Emeryville, CA (Fair Workweek Ordinances)

Emeryville’s Fair Workweek Ordinance applies to retail and fast food employers, including certain franchise businesses.

Covered employees

Employers with nonexempt full-time, part-time, on-call, contract, and seasonal employees that are in:

• Retail with 56 or more employees globally
• Fast food with 56 or more employees globally or 20 or more employees in Emeryville

Advance notice period

• Written work schedules at least 14 days in advance
• Good faith estimates upon hiring
• Employees can decline unscheduled hours given less than the notice.

Predictability pay

• 1 hour of pay if a schedule change is made between 1 and 14 days before the shift
• The lesser of 4 hours of pay or the originally scheduled hours for cancellations or reduced hours with less than 24 hours’ notice, employees get
• 1 hour of pay for any other changes made within 24 hours will give employees

Rest hours and clopening

Employers must pay time and a half pay for any hours worked for shifts that are less than 11 hours apart. Employees have the right to decline shifts less than 11 hours apart.

Exceptions

Predictability pay is not required in certain situations, including:

• Employee-initiated changes, such as voluntary shift swaps or requests to modify a schedule
• Minor schedule adjustments, including changes of 10 minutes or less before or after a shift
• Events outside the employer’s control, such as natural disasters or utility failures
• When employees work past their scheduled shift to complete a transaction that results in a commission or tip
• Mutually agreed-upon changes, where employees voluntarily accept additional work in advance

Access to hours for existing employees

Employers must offer additional hours to existing qualified part-time employees until they reach 35 hours of work in a calendar week in at least 4-hour increments.

Recordkeeping requirements

Employers must maintain records for at least three years.

San Francisco, CA (Formula Retail Employee Rights Ordinance)

San Francisco’s Formula Retail Employee Rights Ordinance (FRERO) applies to large chain retail businesses with standardized operations.

Covered employers

Formula retail establishments with 40 or more locations worldwide and 20 or more employees in San Francisco, including janitorial and security contractors.

Advance schedule notice period

• Written work schedules at least 14 days in advance
• Good faith estimate of hours upon hiring

Predictability Pay

Employees are entitled to predictability pay for schedule changes made with less than 7 days’ notice, including:

• Added or changed shifts
• Reduced or canceled shifts
• Unused on-call shifts

The amount of pay varies depending on the type and timing of the change.

Exceptions

Predictability pay is not required in certain situations, including:

• Threats to employee safety, property damage, or events outside the employer’s control
• Employee-initiated schedule changes or shift swaps
• When an employee fails to report to work or is sent home for disciplinary reasons

Equal treatment for part-time employees

Employers must provide part-time employees with the same starting hourly wage and access to promotions as full-time employees performing similar work.

Los Angeles City, CA (Fair Workweek Ordinance)

Los Angeles’ Fair Work Week Ordinance applies to large retail employers operating within the city.

Covered employers

Retail businesses with 300 or more employees globally

Advance notice period

• Work schedules at least 14 days in advance
• Good faith estimate of hours upon hiring
• Employees may decline hours or shifts added after the notice period.

Predictability pay

Employees are entitled to additional compensation when employers make changes to the posted work schedule:

• 1 hour of pay at the regular rate for each employer-initiated change that:
  • Increases scheduled hours by more than 15 minutes, or
  • Changes the date, time, or location of a shift
    
• Half the employee’s regular rate of pay for hours not worked when:
  • Scheduled hours are reduced by 15 minutes or more
  • An on-call shift is not worked

Rest hours and clopenings

Employees must not work a shift that starts less than 10 hours from the previous shift. Otherwise, employees must provide written consent, and time and a half pay applies to shifts following an insufficient rest period.

Exceptions

Predictability pay is not required in certain situations, including:

• Employee-initiated schedule changes
• Voluntary shift coverage for absent employees
• Reductions due to disciplinary action or policy violations
• Additional hours accepted voluntarily under the ordinance
• Events outside the employer’s control

Access to hours for existing employees

Employers must offer work to current employees at least 72 hours before hiring a new employee or using a contractor, temporary service, or staffing agency to perform work.

Recordkeeping requirements
Employers must maintain records for at least three years.

Los Angeles County, CA (Fair Workweek Ordinance)

Los Angeles County’s Fair Workweek Ordinance, effective July 1, 2025, expands predictive scheduling requirements to retail employers operating in unincorporated areas of the county.

Covered employers

Retail businesses with 300 or more employees globally that operate in unincorporated areas of Los Angeles County.

Advance notice period

• Work schedules at least 14 days in advance
• Good faith estimate of hours upon hiring
• Employees may decline hours or shifts added after the notice period.

Predictability pay
Employees are entitled to additional compensation when employers make changes to the posted work schedule:

• 1 hour of pay at the regular rate for each change to a scheduled date, time, or location that:
  • Does not result in a loss of work time, or
  • Results in additional work time of more than 15 minutes
• Half the employee’s regular rate of pay for hours not worked when:
  • Scheduled work time is reduced by 15 minutes or more
  • An on-call shift is not worked

Rest hours and clopening

• Employees may decline shifts scheduled less than 10 hours apart
• Employees may agree to work such shifts, but must provide written consent and be paid time and a half for those hours.

Access to hours for existing employees

Employers must offer additional hours to current employees before hiring new staff or using contractors or staffing agencies.

Exceptions
Predictability pay is not required in certain situations, including:

• Employee-initiated schedule changes, such as requests to modify a shift or voluntary shift swaps
• Voluntary acceptance of additional hours, including when covering for another employee’s absence, provided the employee is informed that the change is voluntary and consents.
• Reductions in hours due to violations of law or company policy
• Events outside the employer’s control, such as natural disasters or public emergencies

Recordkeeping requirements

Employers must maintain records of work schedules, schedule changes, and employee consent for at least three years.

Chicago, IL (Fair Workweek Ordinance)

Chicago’s Fair Workweek Ordinance applies to employers across several industries and includes both employer-size and employee-wage thresholds.

Covered employers

• Employers with 100 or more employees globally in the following industries:
  
  • Building services
  • Healthcare
  • Hotels
  • Manufacturing
  • Retail
  • Warehouse services
    
• Restaurant employers with 250 or more employees and at least 30 locations globally
• Employer size is calculated using the average number of global employees over a 12-month period for existing employers, or over the previous 90 days for new employers

Covered employees

Covered employees are those earning $33.85 per hour or less, or $64,945.55 per year or less. The same 12-month/90-day averaging method is used to count covered employees.

Advance notice requirements

• Notice of work schedules at least 14 days in advance
• Good faith estimate of work hours upon hiring

Predictability pay

Employees are entitled to additional compensation when schedules are changed after posting:

• 1 hour of pay for changes made with less than 14 days’ notice

For changes made with less than 24 hours’ notice:

• 1 hour of pay if employers add hours, or there is no loss of hours
• Half pay for hours not worked if hours are reduced

Exceptions
Predictability pay is not required in certain situations, including:

• Threats to employees, employers, or property, or when authorities advise against work
• Utility failures at the workplace
• Natural disasters or severe weather events
• War, civil unrest, strikes, or public emergencies
• Voluntary shift trades or coverage between employees
• Schedule changes mutually agreed upon in writing
• Employee-requested schedule changes
• Reductions in hours due to documented disciplinary action

Rest hours and clopening

Employees may decline shifts scheduled less than 10 hours apart from the end of their previous shift. If they agree to work anyway, employers must pay 1.25 times the employee’s regular rate, regardless of whether the employee requested or consented to it. Consent can be given on an ongoing basis but may be revoked at any time.

If a double-shift (consecutive shifts) falls within the 10-hour window, the entire double-shift is paid at 1.25x. For split-shifts, only the portion starting less than 10 hours after a shift spanning two calendar days triggers the premium.

Right to rest pay must be paid no later than the next payday and must be itemized separately on the pay stub.

Access to hours for existing employees

Employers must offer additional shifts to qualified employees before hiring new staff. If shifts are not accepted, they may be offered to temporary or seasonal workers.

Recordkeeping requirements

Employers must maintain records of work schedules, schedule changes, predictability pay, and employee consent for at least three years.

Evanston, IL (Fair Workweek Ordinance)

Evanston’s Fair Workweek Ordinance closely mirrors Chicago’s, applying to employers in several hourly industries with both size and location thresholds.

Covered employers

Employers with:

• 100 or more employees globally, including franchises, in the following industries:
  • Hospitality
  • Retail
  • Warehouse services
  • Manufacturing
  • Building services
• Food service and restaurant employers with 30 or more locations globally and 300 or more employees globally

Advance notice requirements

• Notice of work schedules at least 14 days in advance
• Good faith estimate of work hours upon hiring

Predictability pay
Employees are entitled to additional compensation when employers make changes to the posted work schedule:

• 1 hour of pay per impacted shift when:
  • Hours are added after the 14-day notice period
  • The date or time of a shift is changed with no loss of hours after the 14-day notice period
  • Scheduled hours are reduced with more than 24 hours’ notice
    
• When scheduled hours are reduced with less than 24 hours’ notice:
  • Up to 4 hours of pay, or the number of hours in the scheduled shift (whichever is less)
    
• On-call shifts:
  • If the employee is not compensated (or paid below their regular rate):
    • They are owed predictability pay if called in
    • They are owed up to 4 hours of pay (or scheduled hours, whichever is less) if not called in
  • If the employee is paid at their regular rate during the on-call shift, no additional predictability pay is required if they are called in

Rest hours and clopening

Employees must provide written consent to work shifts scheduled less than 11 hours apart. If they work such shifts, they must be paid time and a half.

Access to hours for existing employees

• Employers must offer additional hours to existing employees before hiring new staff.
• Employers must offer interested employees the opportunity to work up to 35 hours per week before hiring new employees.
• Additional hours may be offered across locations, not just the employee’s primary worksite.

New York City, NY (Fair Workweek Law)

Fair Workweek rules in New York City apply separately to fast food and retail employers, with different requirements for each sector.

Covered employers

• Fast food establishments that are part of a chain with 30 or more locations nationally
• Retail employers with 20 or more employees in New York City

Advanced notice requirements

Fast food employers

• Must provide work schedules at least 14 days in advance

Retail employers

• Must provide work schedules at least 72 hours in advance
• Employers cannot cancel a shift or add shifts without employee consent
• Require on-call shifts 

Predictability Pay

Fast food employers

• Must provide premium pay for schedule changes made after the notice period
• Pay ranges vary depending on the timing and type of change (e.g., additions, reductions, or cancellations). It can cost $10-$75 per change, less than the notice period.

Retail employers

Retail laws do not include predictability pay. Instead, employers may face penalties and damages for violating scheduling requirements.

Rest and clopening

Fast food employers

Employers cannot schedule employees to work shifts with less than 11 hours between shifts (“clopening”) unless:

• The employee is given the opportunity to decline
• The employee provides written consent
• The employer pays a $100 premium for each clopening shift worked

Retail employers

• No specific rest period or clopening requirements

Access to hours for existing employees

Fast food employers

• Must offer additional work hours to current employees before hiring new staff

Retail employers

• No specific access to hours requirements

Exceptions

Fast food employers

Fast food employers are not required to provide premium pay in certain situations, including:

• Threats to employee or employer safety or property
• Public utility failures or transportation disruptions
• Natural disasters or declared states of emergency
• Severe weather conditions
• Employee-initiated schedule changes (e.g., time-off requests or shift swaps)

Retail employers

No formal exceptions apply; instead, employers must comply with strict scheduling requirements, and violations may result in penalties.

Recordkeeping requirements

Fast food and retail employers must maintain records for at least three years.

More about New York City’s Fair Workweek Laws for Fast Food and Retail Businesses.

Philadelphia, PA (Fair Workweek Law)

Philadelphia’s Fair Workweek law applies to large employers in retail, hospitality, and food service industries.

Covered employers
Employers with 250 or more employees globally and 30 or more locations globally, including chains and franchises in:

• Retail
• Hospitality
• Food service

Advance notice requirements

• Notice of work schedules at least 14 days in advance
• Good faith estimate of work hours upon hiring
• Employees may decline additional hours not included in the posted schedule

Predictability pay
Employees are entitled to additional compensation when schedules are changed after posting:

• 1 hour of pay at the regular rate when:
  • Time is added to a scheduled shift
  • The date, time, or location of a shift is changed with no loss of hours
    
• Half the employee’s regular rate of pay for hours not worked when:
  • Scheduled hours are reduced
  • An on-call shift is not worked

Rest hours and clopening

Employees must receive at least 9 hours of rest between shifts

If they agree to work with less than 9 hours between shifts:

• They must provide written consent
• Employers must pay a $40 premium for each clopening shift

Access to hours for existing employees

Employers must offer available work hours to existing employees before hiring new staff.

Recordkeeping requirements

Employers must maintain records for at least 2 years.

Seattle, WA (Secure Scheduling Ordinance)

Seattle’s Secure Scheduling Ordinance applies to large retail and food service employers and includes scheduling protections.

Covered employers

• Retail and food service establishments with 500 or more employees worldwide
• For full-service restaurants, coverage applies only if the employer also has 40 or more full-service locations worldwide

Advance notice requirements

• Notice of work schedules at least 14 days in advance
• Good faith estimate of work hours to new hires

Predictability pay

1 hour of pay at the regular rate when:

• Hours are added to a shift
• The date or time of a shift is changed

Half the employee’s regular rate of pay for hours not worked when:

• Work hours are reduced
• An on-call shift is not worked

Rest hours and clopening

Employees should receive at least 10 hours of rest between shifts. If they agree to work shifts less than 10 hours apart, they must provide consent, and employers must pay time and a half for those hours.

Exceptions

Predictability pay is not required in certain situations, including:

• Employee-initiated schedule changes or shift swaps
• Voluntary coverage for absent employees
• Reductions due to disciplinary action
• Events outside the employer’s control (e.g., natural disasters, utility failures, or public emergencies)

Access to hours for existing employees

• Employers must offer additional hours to current employees before hiring externally
• Employers must post available hours for at least 3 days
• Employees must be given at least 2 days to accept the additional hours

Recordkeeping requirements

Employers must maintain records for at least 3 years. 

Anti-retaliation and enforcement risks

Compliance with Fair Workweek rules starts with getting schedules right. But beyond that, the law is also strict about how employers respond when workers actually use these protections. This is where anti-retaliation rules come in, and they’re baked into Fair Workweek ordinances. 

Aside from scheduling rules, most Fair Workweek ordinances also include safeguards that protect employees when they exercise their rights. In practice, this means employers can’t punish or disadvantage workers for things like declining shifts that don’t meet notice requirements, requesting predictability pay, raising concerns, or filing complaints.

These protections show up across major jurisdictions. For example:

• New York City (fast food) makes it illegal to fire, reduce hours, or otherwise penalize employees for exercising their Fair Workweek rights.
  
• Chicago and Philadelphia include similar language prohibiting retaliation against employees who assert their rights or participate in investigations.
  
• Seattle also prohibits retaliation against employees for exercising their rights under the Secure Scheduling Ordinance.

The key takeaway is that compliance doesn’t end at scheduling. Even if your policies look right on paper, decisions like cutting hours, changing shifts, or disciplining employees after they raise concerns can create additional violations. 

Even if the scheduling issue itself seems small, how you respond can create a bigger problem. Retaliation can come with its own penalties.

Recordkeeping and documentation

Across many jurisdictions, employers are expected to keep track of work schedules, when they were posted, any changes made, and whether employees agreed to those changes. In some cities, records must be kept for a set period, often 2 to 3 years, and may be reviewed if a complaint or audit arises.

Good documentation can make a big difference. It helps show what actually happened in the event of a dispute, whether proper notice was given, and whether an employee consented to a shift change or clopening.

Some issues don’t come from the schedule itself. In some cases, they stem from being unable to prove what was communicated or agreed to. Keeping clear, consistent records across locations and managers can go a long way in reducing that risk.

Compliance Tips for Fair Workweek Ordinances

Implementing predictive scheduling laws into your operations can be complicated – it’s easy to overlook crucial details if your policies aren’t thorough. Here are some practical tips to help your business remain on the right side of the law.

Invest in the right software

Fair Workweek laws are just one of the many employment regulations that businesses must comply with. Many businesses invest in scheduling and payroll solutions to automate key areas like shift notifications and predictability pay to help ensure they meet Fair Workweek standards.

Workforce.com, a scheduling and payroll platform designed for hourly workforces, specializes in predictive scheduling and Fair Workweek compliance. Here’s how:

• Shift scheduling and labor forecasting: Workforce.com uses data that predicts demand, including historical sales, foot traffic, booked appointments, and weather information.
  
• Alerts and announcements: A critical part of Fair Workweek ordinances is ensuring employees are notified of posted schedules in time. Workforce.com makes this easy. Once a schedule is published, employees are notified in the app, and you can also print it. A robust communications feature lets you send announcements about schedule updates and live chat with staff and managers to maximize transparency and efficiency.
  
• Pay rules: Assign pay rules to each employee, including any predictability pay they may be entitled to when certain conditions are met. Once set up, these rules are automatically applied during payroll, eliminating the need for manual entries and calculations.
  
• Employee tags and classification: Assign tags to covered employees of predictive scheduling rules to ensure they receive the correct pay when predictability pay conditions are met. You’ll also receive automatic alerts when scheduling an employee at risk of working a clopening shift.
  
• Shift swapping: Workforce.com’s shift swapping feature allows qualified staff to take on vacant shifts. This helps automate the process and provides a simple way to track and record shift changes.
  
• Payroll: Another crucial part of complying with predictive scheduling laws is ensuring covered employees are paid what they’re owed, including applicable predictability pay. Workforce.com automatically computes wages, overtime, deductions, and predictability pay premiums based on your employees’ timesheets and hours worked.  
  
• Recordkeeping: Workforce.com centralizes records, making them easily accessible. In the event of an audit or when you need to retrieve these records, everything is organized and readily available.

Stay abreast of ordinances in your place of business

Only a handful of cities have an ordinance for predictive scheduling, but this could change in the future. It’s best to stay informed about any updates or new regulations in your area.

Keeping up with changes is crucial if you’re in a city or state that has existing Fair Workweek laws. For example, New York City previously required fast food employers to provide a good faith estimate of work hours to new hires, but this was replaced with a mandate for regular week-to-week schedules.

Check with local and state governments regularly for updates on employment laws and scheduling practices to ensure your business remains compliant.

Train managers and HR teams

Managers and human resources are at the frontline of implementing predictive scheduling laws. Train them to understand the specifics of these ordinances and how to communicate them to staff. Provide them with resources to ensure that company policies align and comply with applicable labor laws.

Why fair scheduling practices matter

Fair scheduling practices are essential to any hourly workforce, regardless of whether predictive scheduling laws exist in your area. Compliance is important, but it shouldn’t be the only driver behind workplace policies. Strong scheduling practices also play a key role in supporting employees and maintaining a stable workforce.

A consistent and transparent scheduling system minimizes scheduling conflicts, reduces absenteeism, improves retention, and provides flexibility for hourly staff. This should be standard practice, whether mandated by law or not. 

Discover how Workforce.com helps you implement best practices with employee scheduling, payroll, and HR for hourly workforces. Book a demo today.