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Predictive scheduling (fair workweek) laws explained

Updated 2026-11-12 · By the Assistlify team · AI-assisted, every fact linked to its source below

Predictive scheduling, or fair workweek, laws require covered employers to post work schedules in advance, 14 days in most of them, and to pay extra when they change those schedules late. There is no federal version: the US Department of Labor says the FLSA has no provisions on scheduling employees except certain child labor rules.

These laws are state or city laws, and most cover only large employers. The table lets you check coverage first, then the rules.

The laws side by side

LawWho is coveredNoticeLate-change payRest between shifts
Oregon (statewide)Retail, hospitality, food service; 500+ employees worldwide14 calendar days1 extra hour at regular rate for added or moved shifts; half rate per scheduled hour lost10 hours; time and a half for hours worked inside it
New York City, fast foodChain establishments, one of 30+ nationally14 days$10 to $75 per change11 hours for clopenings; written consent and $100
New York City, retail20+ employees selling consumer goods in NYC72 hoursNo on-call shifts; no cancellations under 72 hoursNot stated on the city page
ChicagoBuilding services, healthcare, hotels, manufacturing, restaurants, retail, warehouse services; 100+ employees globally (restaurants: 250 employees and 30 locations); pay up to $33.85/hour or $64,945.55/yearAdvance notice1 hour for any shift change within 14 daysRight to decline hours less than 10 hours after the previous day's shift
PhiladelphiaRetail, food, hospitality; 250+ employees and 30+ locations worldwide14 daysPredictability pay9 hours; written consent and $40
Los Angeles (city)Retail; 300+ employees globally14 calendar days1 hour for increases over 15 minutes; half rate for hours cut or unused on-call10 hours; written consent and time and a half for the second shift
San FranciscoFormula retail; 40+ establishments worldwide and 20+ employees in SFTwo weeks1 to 4 hours of payNot covered in the FAQ section used here

Sources: Oregon BOLI; NYC DCWP fast food FAQ (9/15/2023) and retail page; Chicago OLS; Philadelphia notice (effective April 1, 2020); LA Office of Wage Standards; SF OLSE FAQ (published August 5, 2015). Other cities have their own ordinances; check your city's labor standards office.

The parts most of these laws share

  1. Good faith estimate. Oregon requires one at hire covering the median hours expected in an average month; Los Angeles requires one before hiring and within 10 days of a current employee's request; Philadelphia requires one at hire.
  2. Advance notice. 14 days in Oregon, NYC fast food, Philadelphia and Los Angeles; two weeks in San Francisco; 72 hours for NYC retail.
  3. Predictability pay for employer-made changes after the schedule is posted.
  4. Rest between shifts: 9 to 11 hours depending on the law (details in clopening shifts).
  5. Offering hours to current staff first: Los Angeles, Philadelphia, NYC fast food, and San Francisco (for part-time employees).
  6. Records: Los Angeles requires 3 years; Philadelphia requires 2 years.

Does it apply to a business with 2 to 5 locations?

Coverage is set by headcount and industry, not by number of stores alone.

Late-change pay, worked out

Example (Oregon): an employer cancels a 6-hour shift without the required notice for an employee paid $20.00 an hour. Oregon requires half the regular rate for each scheduled hour not worked: 0.5 × $20.00 × 6 = $60.00.

Example (Los Angeles): an employer adds 2 hours to a posted shift 5 days before the work period for an employee paid $19.00. The increase is over 15 minutes, so one extra hour at the regular rate is due: $19.00, on top of pay for the 2 hours worked.

To post schedules on a fixed lead time, see how far in advance to post a schedule. Assistlify publishes the weekly schedule to staff in the browser; it does not calculate predictability pay.

This is general information, not legal advice. Check your state labor department for current rules.

This is general information, not legal advice. Check your state labor department for current rules.

Questions

Is there a federal predictive scheduling law?

No. The US DOL says the FLSA has no provisions on scheduling employees except certain child labor rules.

Which state has a statewide predictive scheduling law?

Oregon. It covers retail, hospitality and food service employers with at least 500 employees worldwide and requires schedules 14 calendar days ahead (Oregon BOLI).

Do fair workweek laws apply to small businesses?

Most start at large thresholds, such as 300 employees in Los Angeles retail or 500 in Oregon, but NYC retail rules start at 20 employees and Chicago at 100 employees for most covered industries.

What is predictability pay?

Extra pay for employer-made schedule changes after the notice deadline, for example one hour at the regular rate in Chicago for any shift change within 14 days.

Sources