Predictive Scheduling Laws by State and City: 2026 Guide

If you manage a team of hourly workers, you've probably had to shift someone's schedule at the last minute. Most of the time, that feels routine. But in a growing number of U.S. cities, that one change can come with a fine.

Predictive scheduling laws, also called fair workweek laws, require employers to post schedules in advance and pay a penalty when those schedules change inside a set window. Right now, Oregon and 10 local jurisdictions enforce predictive scheduling or fair workweek laws. They primarily cover hourly workers in retail, food service, and hospitality. And the list has been growing: three jurisdictions came online in 2024 and 2025 alone.

This guide breaks down every active law, what it requires, which businesses it covers, and what you need to do to stay compliant.

Predictive Scheduling Laws At A Glance

As of 2026, Oregon and 10 local jurisdictions enforce predictive scheduling or fair workweek laws. Nearly all require 14 days of advance notice and premium pay when you change a posted schedule.

Here's where laws are currently active:

• Oregon: The only statewide law; covers retail, hospitality, and food service employers with 500+ employees
• California: San Francisco, Emeryville, Berkeley, Los Angeles City, and unincorporated Los Angeles County
• Illinois: Chicago and Evanston
• Washington: Seattle
• Pennsylvania: Philadelphia
• New York: New York City

Which Cities And States Have Predictive Scheduling Laws Right Now?

As of 2026, Oregon and 10 local jurisdictions enforce predictive scheduling or fair workweek laws. Oregon is the only state with a statewide mandate. Local laws are active in San Francisco, Emeryville, Berkeley, Los Angeles City, unincorporated Los Angeles County, Chicago, Evanston, Seattle, Philadelphia, and New York City. Here's a quick picture of where things stand:

• Oregon: Statewide, retail, hospitality, and food service employers with 500+ employees
• California: San Francisco, Emeryville, Berkeley (2024), Los Angeles City (2023), and Los Angeles County unincorporated areas (2025)
• Illinois: Chicago and Evanston (2024)
• Washington: Seattle
• Pennsylvania: Philadelphia
• New York: New York City

Nearly all jurisdictions require 14 days of advance notice. Most also require premium pay (called predictability pay) when you change a posted schedule within that window.

What Are Predictive Scheduling Laws?

Predictive scheduling laws require employers to post work schedules a set number of days in advance (almost always 14 days) and pay a wage premium when they change those schedules within that window. They apply mainly to retail, food service, and hospitality employers in covered cities and states. Oregon is the only state with a law that applies statewide.

These laws exist because on-call and just-in-time scheduling left too many hourly workers unable to plan their lives. If your team doesn't know their schedule until 24 hours before a shift, they can't arrange childcare, hold a second job, or make any plans with real confidence.

Most predictive scheduling laws share three core requirements:

• Advance notice. Post schedules in writing at least 14 days before the first shift they cover.
• Predictability pay. Pay a premium when you change a posted schedule within the notice window.
• Right to rest. Guarantee a minimum number of hours between the end of one shift and the start of the next, typically 9 to 11 hours, depending on the city.

Key Terms To Know Before You Read The Laws

Predictability pay is the premium you owe when you change a posted schedule within the advance notice window. Rates vary by city: typically one hour at the employee's regular rate for schedule additions, and half the regular rate for cancelled or reduced hours.

Good faith estimate is a written document you give new hires at the time of hire. It covers expected weekly hours, on-call expectations, and the typical days and times they can expect to work.

Clopening refers to scheduling a team member to close late at night and then open the next morning, leaving them with less than the required rest time between shifts. Most predictive scheduling laws either ban this outright or require premium pay when it happens.

Access to hours is a provision in several jurisdictions that requires you to offer available additional hours to your existing team before you hire new workers.

Predictive Scheduling Laws By State And City

Here's a full breakdown of every jurisdiction currently enforcing predictive scheduling rules, including who's covered and what the law requires.

Oregon

Oregon was the first state to pass a predictive scheduling law, and it remains the only statewide mandate in the country.

Who it covers: Retail, hospitality, and food service employers with 500 or more employees worldwide. Full-service restaurants must also have at least 40 locations globally.

What it requires:

• Advance notice: Written work schedule at least 14 calendar days before the start of the work period, including all work shifts and on-call shifts
• Good faith estimate: Provided to new hires at the time of hire, including average expected hours and on-call shift expectations
• Right to rest: At least 10 hours between shifts. If a team member agrees to work within that window, you pay time-and-a-half for those hours
• Predictability pay: One extra hour at regular pay for schedule additions; half the regular rate per unworked hour for cancellations or reductions made within 14 days
• Voluntary standby list: Employers can maintain a list of team members willing to pick up extra hours, but employees must opt in writing

More info: Oregon BOLI predictive scheduling page

California

California has five active local ordinances, more than any other state.

San Francisco

San Francisco was one of the earliest adopters. Its Formula Retail Employee Rights Ordinance applies to large retail chains.

Who it covers: Formula retail employers with at least 40 retail locations worldwide and 20 or more employees in San Francisco.

What it requires:

• Advance notice: Work schedules at least two weeks in advance
• Good faith estimate: Provided at hire, including expected shifts and on-call expectations
• Predictability pay: Ranges from one to four hours of pay depending on how much notice you give before a change
• Equal treatment: Part-time team members get the same hourly starting wage, access to time off, and promotion eligibility as full-time workers in comparable roles

Penalties: Penalties and remedies may apply under the ordinance. Confirm current enforcement details with the SF Office of Labor Standards Enforcement.

More info: SF Formula Retail Employee Rights Ordinance

Emeryville

Who it covers: Retail employers with 56 or more employees globally, and fast food businesses with 56 or more employees globally and at least 20 employees in Emeryville.

What it requires:

• Advance notice: 14 days
• Good faith estimate: Written estimate at hire including median expected hours per week and on-call expectations
• Right to rest: 11 hours between shifts. Working within that window requires time-and-a-half pay
• Predictability pay tiers:

• Less than 14 days but more than 24 hours' notice: one hour of predictability pay
• Less than 24 hours' notice: four hours or the length of the shift (whichever is less) for cancellations; one hour for other changes

More info: Emeryville Fair Workweek Ordinance

Berkeley (effective January 12, 2024)

Berkeley's Fair Workweek Ordinance is one of the newest in California.

Who it covers: Employers with 10 or more employees working in Berkeley, in covered industries including building services, healthcare, hotels, manufacturing, retail, warehouse services, and restaurants. Global headcount thresholds vary by industry and franchise status. Confirm your specific threshold against the Berkeley municipal code.

What it requires:

• Advance notice: 14 days
• Right to rest: At least 11 hours between shifts; premium pay required if a team member agrees to work within that window
• Predictability pay: Applies to schedule changes made within the 14-day window

Penalties: Remedies include any predictability pay unlawfully withheld and civil penalties of $50 per employee per day or portion of day for each violation, plus additional remedies under the ordinance.

More info: Berkeley Fair Workweek FAQ

Los Angeles City (effective April 1, 2023)

Los Angeles City enacted its own Fair Work Week Ordinance, separate from the unincorporated county ordinance.

Who it covers: Retail employers with 300 or more employees globally. Covered employees are those who work at least two hours in a week within the City of Los Angeles for a covered employer. Coverage is limited to retail trade employers as defined by NAICS retail trade categories.

What it requires:

• Advance notice: 14 days
• Good faith estimate: Written estimate provided at hire
• Predictability pay: Owed for schedule changes made within the notice window
• Access to hours: Must offer additional available hours to existing team members before hiring new workers

More info: LA City Fair Work Week

Los Angeles County unincorporated areas (effective July 1, 2025)

LA County's ordinance applies only in unincorporated areas of the county and is separate from the LA City ordinance.

Who it covers: Retail employers with 300 or more employees worldwide, including those hired through temp agencies and contractors, operating in unincorporated areas of Los Angeles County.

What it requires:

• Advance notice: 14 days before the start of the work period
• Good faith estimate: Written estimate provided at hire
• Right to rest: At least 10 hours between shifts. Employees who agree to work within that window must be paid at 1.5 times their regular rate
• Access to hours: Before hiring new employees or subcontractors, you must first offer additional hours to current qualified team members
• Predictability pay: Owed for schedule changes made with less than 14 days' notice

More info: LA County DCBA Fair Workweek

Illinois

Illinois has two active jurisdictions: Chicago, which has had its ordinance since 2020, and Evanston, which came online in 2024.

Chicago

Chicago's Fair Workweek Ordinance is one of the most comprehensive in the country, covering seven industries.

Who it covers: Employers with 100 or more employees globally. Restaurants that are part of chains with at least 30 locations nationally and 250 employees are also covered. Covered industries include building services, healthcare, hotels, manufacturing, restaurants, retail, and warehouse services. Team members are covered if they earn $33.85 per hour or less, or $64,945.55 per year or less (effective July 1, 2026).

What it requires:

• Advance notice: 14 days (phased in from 10 days when the ordinance launched in 2020)
• Right to rest: 10 hours between shifts. Employees can decline a clopening shift; those who agree must receive 1.25 times their regular rate
• Predictability pay: One hour of predictability pay for additions or changes with no hour loss; additional premium pay may apply for reductions and cancellations (rates vary by change type)

More info: Chicago Fair Workweek Ordinance

Evanston (effective January 1, 2024)

Evanston modeled its ordinance closely on Chicago's, expanding fair workweek protections to the city just north of Chicago.

Who it covers: Employers with 100 or more employees in covered industries listed in the ordinance. Food service restaurants that are part of chains with at least 30 locations globally and 200 or more employees are also covered.

What it requires:

• Advance notice: 14 days
• Good faith estimate: Written estimate covering the first 90 days of employment, including expected average hours, on-call expectations, and typical shifts
• Predictability pay tiers:

• Changes with less than 14 days but more than 24 hours' notice: one hour of predictability pay
• Changes with less than 24 hours' notice: four hours or the length of the shift (whichever is less) for cancellations; one hour for other changes

More info: Evanston Fair Workweek Ordinance

New York City

New York City's Fair Workweek Package covers both fast food and retail employers, with different rules for each.

Fast food employers (chains with 30+ locations nationally):

• Advance notice: 14 days
• Good faith estimate: Required at hire
• Clopening: Prohibited unless the employee consents and receives a $100 premium
• Right to rest: Employees cannot be scheduled for shifts within 11 hours of each other without consent and premium pay

Retail employers (20+ NYC employees):

• Advance notice: 72 hours (the exception to the 14-day standard used by most jurisdictions)
• On-call scheduling: Prohibited outright
• Shift cancellations: Not allowed within 72 hours of the scheduled start time

More info: NYC Fair Workweek Law

Seattle

Seattle's Secure Scheduling Ordinance covers large retail and food service businesses.

Who it covers: Retail and food service businesses with 500 or more employees worldwide. Full-service restaurants also need at least 40 full-service locations globally. Applies to employees who work at a fixed point-of-sale location and who spend at least 50% of their time at a Seattle location.

What it requires:

• Advance notice: 14 days, in writing
• Good faith estimate: At hire, in English and the employee's primary language
• Right to rest: 10 hours between a closing and opening shift. Employees who agree to work within that window receive 1.5 times their regular rate
• Predictability pay: Owed for schedule changes made within 14 days, with specific exceptions for employee-requested changes and shift swaps
• Records: Employers must retain scheduling records for three years

More info: Seattle Secure Scheduling Ordinance

Philadelphia

Philadelphia's Fair Workweek Ordinance has been in effect since April 1, 2020.

Who it covers: Retail, hospitality, and food service employers with 250 or more employees and 30 or more locations worldwide.

What it requires:

• Advance notice: 14 days
• Good faith estimate: Written estimate at hire covering a 90-day window, including expected weekly hours, on-call expectations, and typical schedule
• Right to rest: 9 hours between shifts. Employees can decline to work within that window; those who agree receive additional pay
• Predictability pay: One hour at regular pay for changes with no hour loss; 50% of the regular rate per unworked hour for cancellations or reductions
• Access to hours: Must offer additional hours to existing team members before hiring new workers

Exceptions: Predictability pay is not required during declared emergencies, severe weather, or when hours are reduced due to termination.

More info: Philadelphia Fair Workweek resources

States Where Cities Can't Pass Predictive Scheduling Laws

It's not just about which cities have these laws. It's also about knowing where they're legally blocked.

Several states have preemption laws that prohibit local governments from passing their own fair workweek ordinances. Commonly cited preemption states include Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Michigan, Ohio, Tennessee, and Wisconsin, but employers should verify the current statute in each state before relying on preemption.

For a multi-location business, this creates a compliance gap that looks something like this. Your Chicago locations follow the Chicago Fair Workweek Ordinance: 14 days' notice, predictability pay, the whole framework. Your Atlanta locations? Georgia bans cities from passing these laws entirely. Same company, opposite realities.

If you're expanding into new markets, check preemption status before assuming you're either covered or in the clear.

What Predictive Scheduling Laws Actually Require You To Do

Understanding the laws is one thing. Knowing what to change in your day-to-day operations is another. Here are the six obligations that apply across most jurisdictions.

1. Post Schedules 14 Days Out

Post your work schedule in writing, somewhere your team can access it, at least 14 calendar days before the first shift it covers. New York City's retail ordinance is the exception, at 72 hours instead of 14 days.

2. Give New Hires A Good Faith Estimate At The Time Of Hire

Before someone's first shift, give them a written estimate of their expected weekly hours, whether they'll be expected to work on-call shifts, and the days and times they can typically expect to work. This doesn't lock you into a fixed schedule, but it sets realistic expectations from day one.

3. Track Every Change Inside The Notice Window

If you change a posted schedule before the notice period is up, you owe predictability pay. That obligation lives at the store level but hits payroll. If those two systems aren't connected, the premium pay gets missed. Track changes as they happen, not after the fact.

4. Respect The Required Rest Between Shifts

Many laws require 9 to 11 hours between shifts. Your team members have the right to decline shifts that fall within that rest window. If they agree to work a clopening, they get premium pay. Make sure your scheduling tool flags this before you publish.

Homebase's scheduling tool lets you build schedules days ahead, see potential conflicts in real time, and notify your team the moment anything changes. You won't be caught flat-footed when a shift needs to move. See how it works.

5. Offer Hours To Existing Team Members First

Several jurisdictions, including Los Angeles City, Los Angeles County, San Francisco, Seattle, Philadelphia, and Berkeley, require covered employers to offer additional available hours to qualified existing employees before hiring new workers in certain circumstances. This changes how you think about hiring decisions. It's not just a scheduling rule; it's a hiring process requirement.

6. Keep Scheduling Records For 2 To 3 Years

Many predictive scheduling laws require employers to retain records of posted schedules, any changes made, when those changes happened, and any predictability pay that was issued, although recordkeeping requirements vary by jurisdiction. Seattle specifically requires three years. These records are what you'd use to defend yourself in a compliance review or employee complaint.

Frequently Asked Questions About Predictive Scheduling Laws

What Are Predictive Scheduling Laws?

Predictive scheduling laws require employers to post work schedules a set number of days in advance, usually 14 days, and pay premium wages when they change those schedules within that window. Also called fair workweek laws, they apply mainly to retail, food service, and hospitality employers in covered cities and states. Oregon is the only state with a statewide law.

Which States Have Predictive Scheduling Laws?

Oregon is the only state with a statewide predictive scheduling law. Ten local ordinances are also active, in California (San Francisco, Emeryville, Berkeley, Los Angeles City, and unincorporated Los Angeles County), Illinois (Chicago, Evanston), Washington (Seattle), Pennsylvania (Philadelphia), and New York (NYC). Several states have preemption laws that block cities from passing their own fair workweek rules. Verify current status by state before relying on preemption.

What Is Predictability Pay?

Predictability pay is the premium an employer owes when they change a posted work schedule within the advance notice window. Rates vary by jurisdiction: typically one hour at the employee's regular rate for schedule additions, and half the regular rate for cancelled or reduced hours. Some cities charge higher premiums for cancellations with less than 24 hours' notice.

Does Predictive Scheduling Apply To Small Businesses?

It depends on where you operate and how many people you employ. Most predictive scheduling laws only apply above certain employee thresholds. These range from 10 employees (in Berkeley) to 500 (in Oregon and Seattle). Coverage is usually calculated globally, so a business with locations across multiple states may be covered even if a single location is small. Check your city's specific threshold.

What Industries Do Predictive Scheduling Laws Cover?

Most laws cover retail, food service, and hospitality. Some jurisdictions, including Chicago and Evanston, extend to healthcare, manufacturing, building services, hotels, and warehouse operations. Coverage criteria always include both industry type and employer size, so you need to check both for your specific location.

Is There A Federal Predictive Scheduling Law?

No. There is no federal predictive scheduling law. The Fair Labor Standards Act (FLSA) doesn't require advance notice of schedules or predictability pay. All predictive scheduling requirements in the U.S. exist at the state or local level.

Staying Compliant Doesn't Have To Mean More Work

The list of covered jurisdictions keeps growing, and the rules in each city are different enough that managing them manually, especially across multiple locations, is where most businesses get caught.

The good news is that compliant scheduling doesn't have to mean more time or stress. It means building your schedule 14 days out, communicating changes quickly, and keeping a record of what was posted and when.

"I can set the schedule and forget it," shared one Homebase user. "The app sends notifications for the posted schedule, reminders for start times as well as sending notifications for birthdays and anniversaries. The app have definitely been a time saver for me!"

Homebase lets you build schedules in advance, publish them to your team with instant notifications, and flag conflicts before they become problems. Whether you're in a covered city or just building good habits ahead of new laws, getting ahead of your schedule is the easiest way to stay on the right side of the rules. Get started free.

Note: This article is for informational purposes only and does not constitute legal advice. Laws change frequently. Confirm current requirements with your city or state labor agency or an employment attorney before making compliance decisions.