Fact Check: Predictive Scheduling and Fair Workweek Laws by State

"Oregon Senate Bill 828, codified at ORS 653.412–.485, is the only statewide predictive scheduling statute in the United States; effective July 1, 2018, with the advance-notice window raised from 7 to 14 days effective July 1, 2020."

"ORS 653.412 defines 'large employer' as an employer that employs 500 or more employees worldwide."

"Oregon covers employees in retail trade, hotels, motels, and food services."

"Oregon predictability pay: one additional hour at the regular rate for shift additions, time changes without loss of hours, or new shifts; one-half the regular rate per scheduled hour the employee doesn't work for cancellations or reductions."

"Oregon employees may decline shifts beginning less than 10 hours after the end of the previous shift; consented clopening shifts owe 1.5× the regular rate for hours worked within the 10-hour rest period."

"NYC Fair Workweek Law is codified at NYC Administrative Code, Title 20 (Consumer Affairs), Subchapter 22 (§§ 20-1201 et seq.); effective November 26, 2017."

"NYC Fair Workweek Law covers fast food employees at chains with 30+ locations nationally."

"NYC Fair Workweek Law covers retail employers with 20+ employees in NYC, regardless of total location count."

"NYC fast food advance notice is 14 days; NYC retail advance notice is 72 hours."

"NYC fast food predictability pay varies by timing and change type: no premium at 14+ days, $10/$20 at less than 14 days, $15/$45 at less than 7 days, and $15/$75 at less than 24 hours."

"NYC fast food employees cannot be required to work back-to-back shifts separated by fewer than 11 hours (clopening rule); consented clopening shifts owe a $100 clopening premium per shift."

"NYC's Fair Workweek Law uniquely imposes a just-cause termination requirement for fast food employees, effective July 4, 2021."

"San Francisco Formula Retail Employee Rights Ordinance is codified at Police Code Articles 33F and 33G; passed November 25, 2014; effective July 3, 2015."

"SF Formula Retail predictability pay: 1 to 4 hours of pay at the regular rate for schedule changes with less than 7 days' notice (depending on notice and shift length); on-call premiums of 2-4 hours for employees on call but not called in."

"Seattle Secure Scheduling Ordinance is codified at Seattle Municipal Code Chapter 14.22; effective July 1, 2017."

"Seattle covers retail and food services establishments with 500+ employees worldwide; full-service restaurants need 500+ employees AND 40+ full-service locations worldwide."

"Seattle advance notice is 14 days; right to rest declines shifts less than 10 hours after the previous shift; consented clopening shifts owe 1.5× regular rate."

"Philadelphia Fair Workweek Employment Standards Ordinance is codified at Philadelphia Code Chapter 9-4600; effective April 1, 2020; predictability-pay enforcement began June 1, 2021."

"Philadelphia covers retailers, hotels, and food service establishments with 250+ employees AND 30+ locations worldwide."

"Philadelphia predictability pay: 1 hour at regular rate for adding time or changing date/time/location without loss of hours; 0.5× regular rate per hour for cancellations or reductions; right to decline shifts beginning less than 9 hours after previous shift with $40 per-shift premium for consented clopenings."

"Chicago Fair Workweek Ordinance is codified at Chicago Municipal Code Chapter 6-110; effective July 1, 2020; advance-notice window raised from 10 days to 14 days effective July 1, 2022."

"Chicago Fair Workweek covers 7 industries: Building Services, Healthcare, Hotels, Manufacturing, Restaurants, Retail, and Warehouse Services."

"Chicago coverage thresholds: 100+ employees globally for general industries; 250+ employees AND 30+ locations for restaurants; employee earns ≤$32.60/hour OR ≤$62,561.90/year."

"LA City Fair Work Week Ordinance is codified at LAMC Chapter 9.5; effective April 1, 2023; full enforcement began September 28, 2023."

"LA City covers retail businesses with 300+ employees worldwide (including franchises)."

"LA City predictability-pay: one additional hour for date/time/location changes without loss of hours; 0.5× regular rate for reduced hours. Penalty: up to $50 per day per employee for unlawful predictability-pay withholding."

"LA County Fair Workweek Ordinance is codified at LA County Code Chapter 8.105; effective July 1, 2025; covers retail businesses under NAICS codes 44–45 (grocery, general merchandise, department stores) with 300+ employees globally operating in unincorporated LA County."

"LA County requires 10 hours of rest between shifts, unless the employee consents in writing and receives time-and-a-half pay for hours within the rest window. Retail employers must retain required records for 3 years."

"Berkeley Fair Workweek Ordinance is codified at Berkeley Municipal Code Chapter 13.102; operative January 12, 2024."

"Berkeley coverage threshold: 10+ employees in Berkeley AND 56+ employees globally; franchisees require 100+ employees globally in the franchise network. Industries: building services, healthcare, hotel, manufacturing, retail, warehouse services."

"Emeryville Fair Workweek Ordinance is codified at Emeryville Municipal Code Chapter 5-39; effective July 1, 2017; coverage threshold of 56+ employees globally (fast food requires 56+ globally AND 20+ in Emeryville)."

"Evanston Fair Workweek Ordinance is codified at Evanston Municipal Code Chapter 3-34; effective January 1, 2024 (after initial September 1, 2023 effective date deferred by city-granted grace period)."

"Evanston covers employers with 100+ employees globally; 14-day advance notice; 11-hour clopening; 1 hour predictability pay for 24-hour-to-14-day notice, 4 hours (or shift length) for less than 24 hours' notice."

"FLSA does not require advance notice of work schedules, predictability pay for last-minute changes, or rest periods between shifts. Scheduling is generally a matter of agreement between employer and employee under federal law."

"Predictability pay is non-discretionary compensation under 29 CFR §778.208; must be included in the regular rate of pay for overtime calculations under FLSA §7."

"Retroactive predictability-pay corrections that span multiple workweeks are subject to the 29 CFR §778.209(b) apportionment-back-over-workweeks rule."

"Fair Workweek records retention is typically 3 years across the cluster, matching federal 29 CFR §516.5 payroll-records retention. California's Unfair Competition Law lookback extends to 4 years for SF, Berkeley, Emeryville, LA City, and LA County."

"Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946), burden-shifting rule applies to Fair Workweek enforcement when employer records are inadequate: employee establishes the schedule changes and missed predictability pay as 'a matter of just and reasonable inference,' burden shifts to employer to disprove."

"NYC DCWP announced in June 2020 settlements totaling approximately $300,000 across multiple fast food employers for Fair Workweek advance-notice and predictability-pay violations."

"Worked example: 5-store retailer averaging 3 schedule changes per week per store, 50 affected employees, $20/hour average wage = $20 × 1 × 3 × 50 × 52 × 5 = $780,000 per year in predictability pay if the obligation is skipped entirely."

"LA County's Fair Workweek Ordinance is the most recent and largest single-jurisdiction expansion; effective July 1, 2025."

"Berkeley's Fair Workweek Ordinance went into effect January 12, 2024."

"Evanston's Fair Workweek Ordinance was originally scheduled for September 1, 2023, but city-granted grace period delayed full enforcement to January 1, 2024."

"Chicago's Fair Workweek Ordinance amendment raised advance notice from 10 days to 14 days effective July 1, 2022."

"Chicago is the only Fair Workweek jurisdiction in the cluster that covers healthcare and manufacturing."

"Berkeley follows Chicago's broader industry scope (building services, healthcare, hotel, manufacturing, retail, warehouse services)."

"San Francisco's Formula Retail Employee Rights Ordinance was the first US predictive scheduling law (effective 2014/2015), establishing the regulatory template that NYC, Seattle, and the subsequent cities expanded on."

"NYC retail framework's 72-hour rule operates as a prohibition on changes, not a compensable predictability-pay premium — the only jurisdiction with this posture."

"NYC's fast food fixed-dollar predictability-pay schedule ($10/$15/$45/$75) is unique in the cluster; every other jurisdiction uses regular-rate-multiple schedules (1 hour, 0.5×, etc.)."

"Fair Workweek law follows the employee's work location, not the employer's headquarters. Multi-state operators must apply per-jurisdiction rules per store or workforce location."

"There is no preemption argument available to defend non-compliance with state or city Fair Workweek rules because FLSA's silence on scheduling means the supremacy clause doesn't reach the question."