What is fair workweek?

Fair workweek (sometimes called predictive scheduling or secure scheduling) is a set of labor laws that give hourly and shift workers more stability and predictability in their work schedules. At their core, these laws require covered employers to:

  • Post schedules a set number of days in advance (typically 7 to 14 days)
  • Pay "predictability pay" or "premium pay" when schedules change after the notice period
  • Offer additional hours to existing employees before hiring new workers
  • Provide a rest period between closing and opening shifts (the "clopening" rule)

The movement grew out of research showing that unpredictable schedules make it harder for hourly workers to arrange childcare, manage second jobs, or plan finances. Legislative momentum has been building since the mid-2010s, and by 2026 a significant number of cities and states have enacted enforceable rules.

Which industries are covered?

Fair workweek laws do not apply to every employer. Most ordinances target sectors known for irregular scheduling practices. The industries most commonly covered include:

  • Retail (especially large chains above a set size threshold)
  • Hospitality (hotels, restaurants, bars)
  • Food service (fast food and quick-service restaurants)
  • Healthcare (some jurisdictions include hospitals and nursing facilities)
  • Building services (janitorial, security)

Size thresholds vary by jurisdiction. Many laws only apply to employers with 250 or more employees globally, or to franchises of a parent company that meets the threshold. Always check the local ordinance for the exact definition.

Which US cities and states have fair workweek laws?

Fair workweek legislation exists at the city or county level in most cases, with a small number of state-level laws. The table below reflects the landscape as of late 2026. Confirm current rules with legal counsel because local ordinances are updated frequently.

San Francisco, California

San Francisco's Formula Retail Employee Rights Ordinance, one of the earliest in the country, requires 2 weeks' advance notice of schedules for retail chains with 20 or more locations. Workers get premium pay for schedule changes made with fewer than 7 days' notice, and part-time workers must be offered additional hours before new staff are hired.

Seattle, Washington

Seattle's Secure Scheduling Ordinance covers retail and food service employers with 500 or more employees worldwide. Employers must post schedules 14 days in advance and pay premiums for changes made after that window. Workers also have the right to rest between shifts.

New York City, New York

New York City's Fair Workweek Law covers fast food and retail employers. Fast food workers must receive schedules 14 days in advance, with premiums owed for changes. The law also restricts on-call scheduling and requires fast food employers to offer available hours to existing staff first. Retail workers are protected against on-call scheduling and last-minute cancellations.

Chicago, Illinois

Chicago's Fair Workweek Ordinance is among the broadest in the US. It covers employers in multiple sectors, including retail, restaurants, hotels, warehouses, building services, and healthcare, with 100 or more employees. Covered workers must receive 10 days' advance notice (rising to 14 days in 2022, where it remains). Premium pay applies for changes made after the notice window.

Philadelphia, Pennsylvania

Philadelphia's Fair Workweek Employment Standards Ordinance covers retail, food service, and hospitality employers with 250 or more employees. Schedules must be posted 10 days in advance, with premium pay for late changes. Workers also have the right to request a flexible schedule without retaliation.

Oregon (state-wide)

Oregon is the only US state with a state-wide predictive scheduling law. It applies to retail, food service, and hospitality employers with 500 or more employees worldwide. Schedules must be posted 7 days in advance (extending to 14 days by 2020, now the established norm), and premium pay rules apply for changes. Oregon's law also includes a right to rest between shifts.

Other jurisdictions to watch

Several other cities and counties have enacted or are actively considering similar rules, including Los Angeles, Berkeley, and parts of Washington state. The pace of new legislation has continued, making it important for multi-location employers to monitor legislative activity across every market they operate in.

Key compliance requirements explained

Advance schedule notice

The minimum advance notice period ranges from 7 to 14 days depending on jurisdiction. Employers must post or communicate the schedule in a way workers can access, whether via physical posting, email, or a scheduling app. Simply texting a shift roster the day before no longer satisfies the law in covered cities.

Predictability pay (premium pay)

When a schedule is changed after the notice period, employers typically owe the worker additional compensation. The exact amount varies: some laws require half the pay for the cancelled portion of a shift, others set a flat dollar premium. This is separate from the worker's regular wages and cannot be waived.

Good faith estimate of hours

Many ordinances require employers to provide a written good faith estimate of expected weekly hours when a worker is hired. If the actual hours differ significantly from the estimate, the employer may face additional obligations or penalties.

Right to rest (clopening restrictions)

Several laws restrict "clopenings," where a worker closes a location late at night and returns to open it early the next morning. If the rest period between shifts falls below the local minimum (commonly 10 to 11 hours), the worker is entitled to either decline the shift without penalty or receive premium pay if they agree to work it.

Hours offered to existing staff first

Before posting open shifts externally or hiring new workers, covered employers must offer additional hours to qualified existing employees. This rule is designed to give part-time workers who want more hours the first opportunity, before new headcount is added.

The business case for getting this right

Non-compliance is costly. Penalties under fair workweek laws can include back pay, premium pay owed per violation, and in some jurisdictions civil fines or the right for workers to file complaints with a labor agency. In cities like New York and Chicago, enforcement activity has increased meaningfully since these laws came into force.

Beyond penalties, there is an operational argument for schedule stability. Employers who give workers consistent, predictable schedules typically see lower absenteeism and lower turnover. For industries like retail and hospitality, where recruiting and onboarding costs are high, that stability has real dollar value.

How scheduling software helps with compliance

Meeting fair workweek requirements manually is difficult at scale. Operators with dozens of locations and hundreds of employees cannot reliably track notice windows, premium pay obligations, and hours-offer requirements using spreadsheets or manual rosters.

Workforce management software can help by:

  • Helping managers track schedule posting times and maintain a clear record of when schedules were communicated
  • Distributing schedules to workers via a mobile app with time-stamped records
  • Maintaining auditable shift history so documentation is available if a worker or agency requests it
  • Tracking available shifts and supporting processes for offering hours to existing staff before external posting
  • Storing good faith estimates and hours data in a single accessible record

Humanforce's workforce management tools are built for employers managing large shift-based workforces, including those in industries commonly covered by fair workweek laws. The platform supports compliant schedule distribution and time-stamped record-keeping, which matters when a worker or agency requests documentation of when a schedule was posted.

What employers should do now

If you operate in a covered city or state, or in a sector that is frequently targeted by fair workweek legislation, here are the practical steps to take:

  1. Audit your current scheduling practices. How far in advance are schedules typically posted? How often do they change after posting? Do workers receive a good faith hours estimate at hire?
  2. Check every jurisdiction where you operate. Fair workweek rules are local. A business with locations in New York, Chicago, and Los Angeles is subject to three different sets of rules.
  3. Review your payroll processes. Premium pay obligations must flow accurately into payroll. If your scheduling and payroll systems do not communicate with each other, manual errors are almost inevitable.
  4. Train managers. Many fair workweek violations happen because front-line managers do not know the rules. Training should cover the notice window, how to handle shift swaps, and how to document changes.
  5. Document everything. In enforcement situations, the burden often falls on the employer to demonstrate compliance. Timestamped schedule records, signed good faith estimates, and documented hours offers all matter.

Frequently asked questions

What does "predictability pay" mean under fair workweek laws?

Predictability pay (also called premium pay) is additional compensation owed to a worker when their schedule is changed after the legally required notice period. The amount varies by jurisdiction but is typically calculated as a portion of the wages for the affected shift hours.

Does fair workweek apply to salaried employees?

Most fair workweek laws apply specifically to hourly or non-exempt workers in covered industries. Salaried exempt employees are generally not covered, though you should check the specific ordinance in each jurisdiction where you operate.

What happens if a worker voluntarily requests a schedule change?

Most ordinances include an employee-initiated exception. If a worker requests the schedule change themselves, the employer is typically not required to pay the premium. However, the request should be documented in writing to protect the employer in any future dispute.

Do fair workweek laws apply to small businesses?

Most laws set a minimum employer size, often 250 or 500 employees globally or within a franchise chain. Smaller independent businesses are frequently exempt, but thresholds vary and franchise affiliation can affect how size is counted.

How often are fair workweek laws updated?

Frequently. Cities and states regularly amend notice periods, expand covered sectors, or increase penalty amounts. Employers should review applicable ordinances at least annually and monitor local legislative activity in every market they operate.