Predictive scheduling laws 2024: What changed?

Update: Take a look at your state labor law guide to see if there are any predictive scheduling laws in your state as of 2024.

From coast to coast, cities in the U.S.—and one state—are implementing predictive scheduling laws. These laws protect hourly employees by requiring a new kind of scheduling practice.

Legislation varies by jurisdiction. However, they all have one thing in common. You must give advance notice of schedules so employees can plan their lives around their shifts.

Let’s take a look at what changed this year, as well as laws that were already in effect before 2024.

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Oregon

In Oregon the predictive scheduling law affects employers in the retail, hospitality, and food service industries that have at least 500 employees.

The previous law required employers to provide written work schedules at least seven days in advance. On July 1, 2020, that requirement jumped to 14 days in advance. The law also requires employers to provide a good faith estimate of hours upon hiring and a rest period of at least 10 hours between shifts (or time-and-a-half pay if the employee agrees to forgo the rest period).

According to the official State of Oregon website, the predictive scheduling law applies to large employers in the retail, hospitality, or food services industries with at least 500 employees worldwide

. This law mandates several key requirements to protect employees, including:

• Advance Notice of Work Schedules: Employers must provide employees with a written work schedule at least 14 calendar days in advance. This schedule must include all work shifts and on-call shifts for the work period
• Rest Periods: Employees are entitled to a rest period of at least 10 hours between shifts. If an employee is scheduled for a back-to-back shift within 10 hours, the employer must pay time-and-a-half of the employee’s regular pay rate
• Compensation for Schedule Changes: If an employer adds more than 30 minutes of work to a shift, changes the date or times of a shift with no loss of hours, or schedules an additional work or on-call shift with less than 14 days’ notice, the employee must receive an extra hour of pay at their regular rate. If an employer subtracts hours from a shift, changes the date or times of a shift resulting in a loss of hours, cancels a shift, or does not ask the employee to work when scheduled for an on-call shift with less than 14 days’ notice, the employee must receive half their regular rate of pay for each scheduled hour not worked
• Good Faith Estimate of Work Schedule: Upon hiring, employers must provide a new employee with a written good faith estimate of the work schedule, including the average number of hours the employee can expect to work and if/how they will be expected to work on-call shifts
• Voluntary Standby List: Employers may maintain a voluntary standby list of employees willing to work additional hours due to unanticipated customer needs or unexpected absences. Employees must agree in writing to be on this list, and specific rules apply to how employers can use this list

These provisions are designed to offer employees in affected industries greater predictability and stability in their work schedules, thereby allowing them to better plan their lives outside of work.It’s important for employers and employees in Oregon to be aware of these requirements to ensure compliance and to protect their rights, respectively. For the most current information and any potential updates to the law, consulting the official State of Oregon website or legal resources is recommended

View further details of the law.

Chicago, IL

On 1, 2020, predictive scheduling laws under Chicago’s Fair Workweek Ordinance took effect for businesses with at least 100 employees, nonprofit organizations with more than 250 employees, and restaurants with at least 30 locations and 250 employees.

The ordinance pertains to healthcare providers, hotels and manufacturers, building services, and retail and food service businesses. Employers within these industries must post schedules for employees who earn less than or equal to $26.00 per hour or less than $50,000 a year 10 days in advance. The notice requirement will increase to 14 days on July 1, 2022.

If you change the schedule without the consent of the affected employee, you must pay the employee an extra hour of Predictability Pay (which equals the employee’s regular pay rate) for each altered shift.

Employees may also refuse to work a shift that starts less than 10 hours after a previous shift, and if they do work a shift that starts in this manner, they must receive 1.25 times their regular pay rate.

Key Points of the Chicago Fair Workweek Ordinance:

• Effective Date: The ordinance took effect on July 1, 2020
• Covered Industries: The ordinance applies to employees working in seven covered industries: Building Services, Healthcare, Hotels, Manufacturing, Restaurants, Retail, and Warehouse Services
• Employee Coverage: Employees are covered by the ordinance if they earn less than or equal to $30.80 per hour or less than or equal to $59,161.50 per year. The employer thresholds are at least 100 employees globally (250 employees and 30 locations for restaurants)
• Advance Notice of Work Schedule: Initially, employers were required to provide 10 days’ advance notice of work schedules. This requirement increased to 14 days’ advance notice on July 1, 2022
• Predictability Pay: Employers must provide one hour of predictability pay for any shift change made within 14 days. This includes adding more than 30 minutes to a shift, changing the date or times of a shift with no loss of hours, or canceling a shift
• Right to Rest: Employees have the right to decline work hours that start less than 10 hours after the end of the previous day’s shift. If they choose to work such a shift, they must be paid at least 1.25 times their regular rate of pay

Clarifications and Updates:

• Employer Size and Coverage: The ordinance applies to businesses with at least 100 employees globally, nonprofit organizations with more than 250 employees globally, and restaurants with at least 30 locations globally and 250 employees in total. This is a clarification regarding the global scope of the employee count
• Wage Threshold Update: The wage threshold for covered employees has been updated to $30.80 per hour or $59,161.50 per year, indicating an increase from the previously mentioned $26.00 per hour or $50,000 per year

View further details of the law.

Philadelphia, PA

Employers with at least 250 employees and 30 locations must post schedules 14 days in advance since April 1, 2020. If you change the schedule after giving the advance notice (less than 14 days before the schedule), you must pay affected employees one hour of predictability pay.

You must also give employees a nine-hour rest period in between shifts.

Key Aspects of Philadelphia’s Fair Workweek Ordinance:

• Effective Date: The ordinance took effect on April 1, 2020
• Employer Coverage: It applies to employers in the retail, hospitality, and food service industries with at least 250 employees and 30 locations worldwide
• Advance Notice of Work Schedules: Employers must provide employees with a written work schedule at least 14 days before the first day of any new schedule
• Predictability Pay: Employers are required to pay one hour of predictability pay at the employee’s regular rate of pay for any employer-initiated schedule changes made after the 14-day advance notice period. This includes adding time to a work shift or changing the date, time, or location of a work shift with no loss of hours. If hours are subtracted from a regular or on-call shift, or if a regular or on-call shift is canceled, predictability pay is calculated as no less than one-half times the employee’s regular rate of pay per hour for any scheduled hours the employee does not work
• Rest Periods: Employees have the right to decline work hours scheduled to start less than nine hours after the end of their last shift. If they choose to work such shifts, they are entitled to additional compensation

Additional Clarifications:

• Good Faith Estimate: Upon hiring, employers must provide employees with a written good faith estimate of their work schedule, including the average number of work hours the employee can expect to work each week over a typical 90-day period, whether they can expect to work any on-call shifts, and a subset of days and times or shifts the employee can typically expect to work
• Employee Rights: Employees have the right to request not to be scheduled for work shifts during certain days or times or at certain locations, not to work on-call shifts, for certain hours, days, or locations of work, and for more or fewer work hours. Employers are encouraged to engage in an interactive process to discuss such employee requests
• Exceptions: There are specific exceptions where predictability pay is not required, such as during emergencies declared by the President of the United States, Governor of the state of Pennsylvania, or Mayor of the city; severe weather conditions; or when employee hours are subtracted due to termination of employment

This ordinance aims to provide service, retail, and hospitality workers in Philadelphia with more predictable and stable work schedules, thereby allowing them to better manage their personal lives and responsibilities outside of work. For the most current information and any potential updates to the law, consulting the City of Philadelphia’s official resources or legal advice is recommended.

View further details of the law.

San Francisco, CA

Employers with at least 40 retail establishments worldwide and 20 or more employees worldwide must provide schedules two weeks in advance.

In addition to giving schedules two weeks in advance, employers must provide an initial estimate of an employee’s work schedule, including on-call shifts, upon hiring. Employees must be compensated for schedule changes based on the amount of notice given. Also, businesses must treat part-time and full-time employees equally in terms of pay, time off, and promotion eligibility.

San Francisco’s Formula Retail Employee Rights Ordinance:

• Employer Coverage: The ordinance applies to “formula retail establishments” with at least 40 retail sales establishments worldwide and 20 or more employees in San Francisco
• Advance Notice of Work Schedules: Employers must provide employees with their work schedules at least two weeks in advance
• Good Faith Estimate: Upon hiring, employers must provide an initial estimate of the employee’s work schedule, including on-call shifts
• Compensation for Schedule Changes: Employees must be compensated for schedule changes based on the amount of notice given, with different penalties applying depending on how much notice is provided before the change
• Equal Treatment for Part-Time Employees: Part-time employees are entitled to the same starting hourly wage as full-time employees who hold jobs that require equal skill, effort, and responsibility, and are performed under similar working conditions. Employers must also provide part-time employees with the same access to time off and eligibility for promotions as full-time employees, pro-rated based on the number of hours worked

Additional Information:

• Predictability Pay: If an employer changes the work schedule with less than seven days’ notice, they are required to pay a penalty to the employee, which can range from one to four hours of pay depending on the situation
• Equal Treatment: The ordinance requires that businesses treat part-time and full-time employees equally in terms of pay, time off, and promotion eligibility, with some provisions allowing for pro-rating based on hours worked

View further details of the law.

Emeryville, CA

Retail employers with at least 56 employees worldwide and fast food employers with 56 employees worldwide as well as 20 employees in Emeryville must provide a “good faith estimate” as part of their predictive scheduling laws. This means you should provide schedules at least 14 days in advance. If you don’t, you must give the employees “Predictability Pay.”

You must also pay employees time-and-a-half if you schedule them with two shifts within 11 hours of each other for every hour within that 11-hour window.

Emeryville’s Fair Workweek Ordinance:

• Effective Date: The ordinance became effective on July 1, 2017, with a “soft launch” period through December 31, 2017, for employers to adjust to the new requirements
• Employer Coverage: The ordinance applies to retail firms and fast food businesses with 56 or more employees globally and 20 or more employees within Emeryville
• Advance Notice of Work Schedules: Employers must provide employees with at least 14 days’ advance notice of their work schedules
• Good Faith Estimate: Upon hiring, employers must provide a good faith estimate in writing of the employee’s work schedule, including the median number of hours the employee can expect to work per week, and whether the employee will be expected to work on-call shifts
• Predictability Pay: Employers must provide compensation for schedule changes made with less than 14 days’ notice. The amount of predictability pay varies depending on the timing and nature of the schedule change
  • With less than 14 days but more than 24 hours’ notice: one hour of predictability pay.
  • With less than 24 hours’ notice: four hours or the number of hours in the employee’s scheduled shift, whichever is less, when hours are canceled or reduced; one hour of predictability pay for all other changes
• Right to Rest: Employees have the right to decline any work hours that are scheduled less than 11 hours after the end of the previous day’s shift. If they choose to work such shifts, they must be paid time-and-a-half for those hours
• Exceptions: The ordinance outlines specific exceptions where the requirements for advance notice, predictability pay, and rest periods do not apply, such as operations that cannot begin or continue due to threats to employers, employees, or property, or when civil authorities recommend that work not begin or continue

View further details of the law.

New York City

Fast food employers with at least 30 locations nationally and retail employers with at least 20 employees must follow NYC’s Fair Workweek Package. The legislation prohibits retail employers from implementing “on-call scheduling” within 72 hours of the shift. Fast food employers may not schedule shifts within 11 hours of each other. If the rule is broken, you must pay that employee $100.

Fast food employers must also provide a scheduling estimate when hiring a new employee, as well as a 14-day notice of schedules.

Fast Food Employers:

• Employer Coverage: Fast food employers with at least 30 locations nationally are covered by NYC’s Fair Workweek Law
• Advance Notice of Work Schedules: Fast food employers must provide workers with their work schedules at least 14 days in advance
• Clopenings: Fast food employers are prohibited from scheduling workers for “clopening” shifts—where the worker closes the establishment and then works the opening shift the following day—unless the worker consents and is paid a $100 premium to work the shift
• Good Faith Estimate: Upon hiring, fast food employers must provide a good faith estimate of the worker’s expected schedule

Retail Employers:

• Employer Coverage: Retail employers that operate one or more retail businesses in NYC and have 20 or more employees are covered by NYC’s Fair Workweek Law
• Advance Notice of Work Schedules: Retail employers must provide employees with their work schedules at least 72 hours in advance
• On-Call Scheduling: Retail employers are prohibited from requiring workers to be on-call and from canceling shifts within 72 hours of the scheduled start of the shift

View further details of the law.

Seattle, WA

Retail and food service businesses with at least 500 employees worldwide must provide a good faith estimate of how many hours an employee can expect to work when they are hired. They cannot schedule shifts within 10 hours of each other, unless an employee consents to work for a time-and-a-half rate. These employers must provide schedules 14 days in advance. If they don’t, they must pay workers for at least an extra hour.

Seattle’s Secure Scheduling Ordinance:

• Employer Coverage: The ordinance applies to retail and food service establishments with 500 or more employees worldwide. Full-service restaurants must also have at least 40 full-service locations worldwide
• Employee Coverage: This law applies to employees who work at a fixed, point of sale location, and who work at a Seattle location for at least 50% of their work time
• Good Faith Estimate: Employers must provide a good faith estimate of the median hours that an employee can expect to work, and this must be provided in English and the employee’s primary language
• Advance Notice of Work Schedule: Employers must give employees a written work schedule at least 14 days in advance
• Right to Rest Between Work Shifts: Employers must provide employees with 10 hours of rest between a closing and opening shift unless the employee agrees to having less rest time. If the employee consents to work with less than 10 hours of rest, the employer must pay 1.5 times the employee’s regular rate for the hours separated by less than 10 hours
• Predictability Pay: Employers must pay an employee for changes to the employee’s schedule if the change occurs within 14 days of the changed shift. There are specific exceptions to this requirement, such as employee-requested shift changes, shift swaps between employees, and changes due to operations not being able to start or continue for various reasons

View further details of the law.

Remember this is not official legal advice. If you have any concerns, it’s best to consult an employment lawyer.

If you’re a business owner in one of these cities, it’s important to make sure you stay compliant. Using an automated solution such as Homebase’s Scheduling App will take the difficulty out of avoiding fines and lawsuits. Consider saying goodbye to spreadsheets and hello to smarter schedules and happier employees today.