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UPDATED: Oct. 30, 2018

Predictive scheduling lawsA running list of states and localities that have adopted predictive scheduling requirements.

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.

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  • State-wide Laws: 1
  • Local Laws: 4

Key

Predictive scheduling law enacted
Predictive scheduling laws prohibited

Arkansas

State-wide

Effective date: March 24, 2017
Employers affected: None

Local governments may not create or adopt employer requirements outside state or federal requirements.

View the law

California

San Francisco

Effective date: July 3, 2015
Employers affected: "Formula Retail Use" employers in San Francisco with at least 40 retail sales establishments worldwide. Includes bars, restaurants, liquor stores, sales and service providers (including banks and other financial institutions) and take-out food shops. More information on a Formula Retail Use employer can be found here.

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

Emeryville

Effective date: Jan. 1, 2018
Employers affected: Retail employers with 56 or more employees globally or fast food companies with 56 or more employees globally and 20 or more employees in Emeryville.

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

Georgia

State-wide

Effective date: July 1, 2017
Employers affected: None

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

Iowa

State-wide

Effective date: March 30, 2017
Employers affected: None

Local governments may not create or adopt regulations "relating to employment matters."

View the law

New York

New York City

Effective date: May 30, 2017
Employers affected: Fast-food employers with 30 or more such establishments nationally and retail employers with 20 or more employees engaged "primarily in the sale of consumer goods."

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

Oregon

State-wide

Effective date: Aug. 8, 2017
Employers affected: Employers in the retail, hospitality and food service industries that have at least 500 employees.

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

Tennessee

State-wide

Effective date: April 19, 2017
Employers affected: None

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

Washington

Seattle

Effective date: July 1, 2017
Employers affected: Retail and food service establishments with 500 or more employees worldwide and restaurants with 500 or more employees and 40 or more locations worldwide.

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
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