Predictive scheduling laws have added a new wrinkle to wage and hour compliance, but as with many areas of employment law, the requirements vary between states and localities.
These laws vary in their approaches but are generally aimed at helping employees plan their schedules and budgets. This list will include those that have predictability pay components as well as anti-"clopening" requirements — a practice that has an employee closing a location and opening it the next morning. It also includes the states that specifically pre-empt localities from passing such laws.
Most of the predictive scheduling laws on the books and under consideration apply specifically to retail and fast food companies of a certain size, and usually include part-time and seasonal employees in their scope. Some include flexibility components. Almost all have exemptions for "acts of god" (say, a flood or hurricane) and mutually agreed upon shift swaps by employees.
Here, we track the states, cities and other jurisdictions that have passed such laws, and offer a brief description of each law's requirements, its effective date and a link to the original law.
Local governments may not create or adopt employer requirements outside state or federal requirements.View the law
The Formula Retail Employee Rights Ordinances (FRERO) regulate hours, notice of work schedules and predictability pay for schedule changes and on-call shifts. Employers must provide schedules two weeks in advance and provide a "good faith written estimate" of the expected number of scheduled shifts per month and the days and hours of those shifts when an employee starts working.View the law
Affected employers in Emeryville must give a "good faith estimate" of an employee's work schedule. Schedules should be given at least 14 days in advance or an employer must pay Predictability Pay in a calculation which can be seen in the final regulations linked below. Employees also get paid time-and-a-half if scheduled with two shifts within 11 hours of each other for every hour within that 11-hour window.View the law
Local governments may not create or adopt minimum wage laws or laws that require "additional pay to employees based on schedule changes."View the law
The Chicago Fair Workweek Ordinance includes building services, healthcare providers, hotels and manufacturers, as well as the standard retail and food service occupations. Employers must give 10 days' notice of workers' schedules; that window will rise to 14 days on July 1, 2022. Employers that make alterations to schedules after that 10-day deadline without mutual agreement to the change must pay one hour of Predictability Pay (one hour of the employee's regular rate) for each adjusted shift. Employees have the right to decline shifts that start less than 10 hours after the end of the previous shift. Employees that do work shifts that begin less than 10 hours after the end of the previous shift must be paid at a rate of 1.25 times their regular rate of pay. This ordinance, due to its scope, also has a number of exceptions, which can be viewed in the law linked below.View the law
Local governments may not create or adopt regulations "relating to employment matters."View the law
New York's Fair Workweek package is made up of four ordinances focused specifically on fast food and retail employers. The laws prohibit on-call scheduling for retail employees within 72 hours of the shift starting; ban fast food employers from scheduling shifts with fewer than 11 hours between them (or risk paying $100 to that employee); require fast food employers to provide an estimate of worker's schedules upon hiring; and require fast food employers to provide 14 days notice of their schedules or risk paying a schedule change premium.View the laws
Currently, employers must provide written work schedules at least seven days in advance, provide a good faith estimate of hours upon hiring and give workers a rest period of at least 10 hours between two shifts or else pay a time-and-a-half rate if the employee opts to work that shift. By July 2020, employers must provide work schedules 14 days in advance.View the law
Employers must provide a good faith estimate of a new employee's work schedule. Notice of schedules must be given 10 days in advance in 2020, and then 14 days in advance starting Jan. 1, 2021. Employers that change the schedule after the advance notice period must pay the affected employees one hour of predictability pay. Employees are also entitled to a rest period of at least 9 hours between two shifts or pay $40 to the worker for each shift worked within such a period.View the law
Local governments are not allowed to adopt or enforce any regulations that impose "a requirement upon an employer pertaining to employee scheduling."View the law
Employers must provide a good faith estimate of hours an employee can expect upon hire, cannot schedule shifts separated by less than 10 hours unless an employee consents to work such hours at a time-and-a-half rate, and must provide work schedules 14 days in advance or pay workers at least an extra hour at the standard rate.View the ordinance