Predictive Scheduling & Fair Workweek Laws by City (2026)

Quick Answer: What Are Fair Workweek Laws?

Fair workweek (also called predictive scheduling) laws require employers in retail, fast food, and hospitality to post schedules at least 14 days in advance, pay a premium when they change those schedules at the last minute, and give workers a minimum rest window between shifts.

In 2026, one state (Oregon) and nine cities (NYC, Chicago, Philadelphia, Seattle, San Francisco, Los Angeles, LA County, Emeryville, Berkeley, and Evanston) have these laws on the books. If your employer changes a posted shift inside the notice window, you are usually owed an extra hour of pay (or half-pay for hours they cut).

The catch: every claim depends on two timelines, what your schedule said and what you actually worked. Screenshot the original schedule, log every shift, and save every text from your manager.

What Is a Fair Workweek / Predictive Scheduling Law?

Your manager posts the schedule on Sunday. By Wednesday, they have texted you twice to swap shifts, cut Thursday's hours, and add a Saturday open you did not agree to. In most of the country, that is just a Wednesday. In a fair workweek city, every one of those changes may come with extra pay you are legally entitled to collect.

Fair workweek laws (also called predictive scheduling or secure scheduling, depending on the city) are a category of local labor ordinance built around four common rights:

• Advance notice. The employer must post the schedule at least 14 calendar days before the work week starts in most covered cities (San Francisco's older ordinance uses a 7-day window).
• Predictability pay. When the employer changes a posted schedule inside that window, the worker is owed extra pay (typically one hour at the regular rate for additions or shift moves, half-pay for canceled hours).
• Right to rest. Workers cannot be scheduled for back-to-back shifts inside a minimum rest window (10 or 11 hours depending on the city). Shifts inside the window require a premium, often time-and-a-half.
• Right to decline. Workers can refuse a change made inside the notice window without retaliation.

Who tends to be covered

These laws target the industries where last-minute scheduling is most common: retail, fast food, and full-service hospitality. Coverage is also gated by employer size. Most ordinances apply only to chains with hundreds of employees globally (Oregon's threshold is 500; Philadelphia's is 250 plus 30 locations; Berkeley's is 56). If you work for a small independent shop, you are probably not covered.

What fair workweek is not

Fair workweek is different from reporting time pay, which compensates you when you physically show up and get sent home early. Reporting time pay kicks in at the door; predictability pay kicks in the moment the schedule changes, whether or not you ever set foot in the building. The two can stack: a Californian sent home from a moved shift in Los Angeles may be owed both reporting time pay (state law) and predictability pay (city ordinance).

Which Cities and States Have Fair Workweek Laws in 2026?

Only one state has a statewide law. Nine local jurisdictions have their own ordinances. The table below is current as of 2026 and shows the four numbers that matter most: effective date, who is covered, advance notice required, and predictability pay rate.

Fair workweek laws by jurisdiction (2026)

If your city is not on the list

You are not covered. Most states do not preempt local rules, so it is possible your city will add an ordinance in the next year or two (Minneapolis, Saint Paul, and Washington DC have all studied proposals). Until then, your only related protection is whatever your state has for advance notice or reporting time pay, plus whatever your union contract says.

How big does your employer have to be?

Most thresholds count employees worldwide, not just in the covered city. A single coffee shop with 6 staff is never covered. A national chain with one location in Seattle and 5,000 employees globally is. The threshold protects small independents from compliance costs while putting the burden on companies that have the HR infrastructure to manage a 14-day schedule.

What You're Owed When Your Schedule Changes

The headline number in every fair workweek ordinance is predictability pay, the premium an employer owes for changing a posted schedule inside the notice window. The dollar amount sounds small, but it adds up fast when a manager treats the schedule as a suggestion.

The standard formula

Most ordinances follow the same shape:

• Added or moved shift: 1 hour of pay at your regular rate.
• Canceled or shortened shift: Half pay for the lost hours (often called "subtractive" pay).
• Clopening or shift inside the rest window: Time-and-a-half for the hours that fall inside the protected rest period.

NYC is the odd one out. Instead of a single per-change rate, NYC fast food uses a sliding scale from $10 to $75 based on how close to the shift the change happens and whether time is added, moved, or cut. San Francisco also uses a tiered structure, paying 1 to 4 hours depending on the original shift length.

What this looks like in dollars

A retail worker in Oregon earning $18 an hour whose manager adds a Saturday morning shift two days out is owed $18 (one extra hour at the regular rate) on top of whatever they earn that Saturday. If the same manager cancels a 6-hour Thursday shift on Wednesday night, the worker is owed half-pay for those 6 hours, which is $54, on top of any reporting time pay if they had already left home.

In Seattle, that same Saturday addition pays $1 extra hour. A clopening where the worker closes Friday at 11 PM and opens Saturday at 6 AM (a 7-hour gap inside the 10-hour rest window) means the first 3 hours of the Saturday shift are paid at time-and-a-half, an extra $27 on a $54 base.

Right to rest and the clopening premium

The rest window is the second-most-claimed provision after the basic predictability pay. The window is typically 10 hours (Oregon, Chicago, Seattle, LA, LA County) or 11 hours (Emeryville, Berkeley, Evanston, NYC fast food). If your employer schedules you inside that window, two things happen: you can decline without retaliation, and any time you do work inside the window is paid at a premium (usually 1.5x).

Right to decline and the right-to-request

Every covered ordinance includes the right to decline a schedule change made inside the notice window. Your refusal cannot be held against you in hours, assignments, or future scheduling. Several cities also include a right to request a preferred schedule (start time, location, hours), which the employer must consider in good faith though is not required to grant.

Access to hours: the hidden right part-time workers miss

This is the most under-claimed provision of every fair workweek law. Before posting a new job or hiring a new worker, the employer must offer available hours to existing employees who are qualified to do the work. If you are part-time and your store keeps hiring new people while telling you no more hours are available, that is very likely a violation. Working Washington (Seattle's worker center) estimates that fewer than 5 percent of access-to-hours violations are ever claimed.

How to Document Schedule Changes (and Why It Matters)

Every predictability-pay claim is a fight over two timelines: what your schedule said, and what you actually worked. If you can prove both, the math is easy and the labor agency does the rest. If you can prove neither, your claim dies on day one.

Step 1: Screenshot the schedule the moment it is posted

When your manager posts the schedule for the next two weeks (in Deputy, When I Work, 7shifts, Crew, Homebase, or ADP), screenshot the whole thing immediately. Most scheduling apps allow the employer to edit past schedules silently, so without a screenshot you have no proof of what was originally posted. Save the screenshot with the date in the filename and back it up to cloud storage.

Step 2: Log every actual shift, not just what was scheduled

The gap between your scheduled hours and your actual hours is the basis of every predictability-pay claim. Log both for every shift. A minimalist time tracker like Hours Tracker keeps a private record of planned versus actual hours for every shift, which is exactly the kind of contemporaneous documentation that city labor offices ask for when investigating a claim. Frame it as a private notebook, not a replacement for the employer's time clock.

Step 3: Capture every schedule-change communication

When a manager texts, Slacks, or calls to change a shift, take a screenshot or screen-record the conversation immediately. If the change happens in person, send a polite confirmation text the same day: "Just confirming you asked me to come in Saturday at 6 AM instead of my Saturday off, that works." Their reply (or non-reply) becomes part of the timeline.

Step 4: Note every refused change

If you decline a change inside the notice window, log it. The right to decline only protects you if you can prove you actually declined and that the employer asked. A short note like "Manager asked me to cover Sunday at 7 AM, I said no, no follow-up" in a private app is enough.

Step 5: Cross-check your pay stub

When your next pay stub arrives, compare the hours and any premium lines against your own log. Some employers pay predictability premiums automatically; many do not. If your stub does not include the predictability pay you are owed, that is the discrepancy you cite in your claim. Photograph or download every stub for at least three years.

What city agencies actually ask for

Across NYC, Chicago, Philadelphia, Seattle, and Oregon, the documents the agencies request are the same: the originally posted schedule, the actual hours worked, the date and method of each schedule change, and the corresponding pay stubs. Bring those four things and your claim is basically built.

How to File a Predictability-Pay Claim

Once you have the documentation, the actual filing is not hard. You do not need a lawyer, filing is free, and every jurisdiction protects you from retaliation. Start with a polite written request to payroll or HR; many employers will pay rather than fight a documented claim. If they refuse, escalate to the city agency.

Step 1: Send a written demand to your employer

Email payroll or HR with the dates of the violations, the original schedule, the actual hours, the ordinance section you are citing, and the dollar amount owed. Keep a copy. Give them 14 days to respond before filing.

Step 2: File with the right city agency

Each ordinance is enforced by a specific city or state office. Filing portals are free and intake forms take under an hour.

• Oregon: Bureau of Labor and Industries (BOLI). Civil penalties up to $1,000 per violation.
• New York City: Department of Consumer and Worker Protection (DCWP). NYC has produced about $80 million in worker relief covering 35,000+ workers since the law took effect.
• Chicago: Business Affairs and Consumer Protection (BACP).
• Philadelphia: Office of Worker Protections (OWPS).
• Seattle: Office of Labor Standards (OLS).
• Los Angeles (city): Office of Wage Standards (OWS).
• LA County: Department of Consumer and Business Affairs (DCBA).
• Berkeley and Evanston: City-level worker protection offices (see each city's fair workweek page).

Statute of limitations

Most jurisdictions allow a two-year window from the date of the violation. Oregon, NYC, Philadelphia, and Seattle all follow this two-year rule, with some allowing three years for willful violations. Do not sit on a claim; older shifts get harder to document as scheduling apps purge their history.

Retaliation is a separate claim

If your employer fires you, cuts your hours, demotes you, or otherwise punishes you for filing a fair workweek complaint, that is its own violation under every covered ordinance. Document the timing of any adverse action against you (a sudden hour cut the week after you filed, for example) and add it to your claim. Remedies typically include reinstatement plus additional damages.

If you are not covered

If your state and city are both off the list, you still have a few options. Reporting time pay may apply if you physically showed up and got sent home. On-call rules may apply if you were required to be available. Federal FLSA rules cover off-the-clock work and unpaid overtime regardless of where you live. Check your union contract; many contracts include advance-notice provisions tougher than state law.

Predictability Pay: Worked Examples at $18 an Hour

These examples use a $18/hour regular rate and assume the worker is in a covered industry at a covered employer. Dollar amounts are illustrative; check your city's specific rate.

Frequently Asked Questions

Practical Tips for Protecting Your Fair Workweek Rights

• Screenshot the schedule the moment it is posted. Employers can edit past schedules silently in most scheduling apps. A timestamped screenshot freezes the original record before any changes happen.
• Log planned versus actual hours every shift. The gap between the two is the basis of every predictability-pay claim. Use a simple tracker like Hours Tracker so the record exists before you ever need it.
• Save every schedule-change message. Screenshot or screen-record texts, app messages, and emails the same day they happen. Confirm verbal changes in writing right after the conversation.
• Note every change you decline. The right to refuse only protects you if you can prove the employer asked and you said no. A quick note in a private log is enough.
• Cross-check your pay stub against your records. Many employers do not pay predictability premiums automatically. Catch missing premium lines in the same pay period when the evidence is fresh.
• Know your two-year window. Most fair workweek statutes of limitations are two years. Older claims get harder to prove as scheduling apps purge their history. File sooner rather than later.

References

• Oregon BOLI: Predictive Scheduling for Workers — Official Oregon Bureau of Labor and Industries page covering the statewide predictive scheduling law, 14-day notice rule, and how to file a complaint.
• Seattle Office of Labor Standards: Secure Scheduling — Seattle's official guidance for workers on the Secure Scheduling Ordinance, including the 14-day rule, 10-hour rest window, and access to hours.
• Los Angeles Office of Wage Standards: Fair Work Week — City of Los Angeles official Fair Work Week page covering covered retail employers, advance notice, and predictability pay.
• LA County Department of Consumer and Business Affairs: Fair Workweek — Los Angeles County's enforcement page for the 2025 Fair Workweek Ordinance covering unincorporated LA County retail workers.
• City of Philadelphia: Fair Workweek Resources — Philadelphia's official resource hub with the worker bill of rights, predictability pay calculator, and complaint form.
• NYC DCWP: Fast Food Fair Workweek Notice — Official NYC Department of Consumer and Worker Protection notice for fast food workers, including the $10 to $75 sliding-scale schedule change pay.
• City of Chicago: Fair Workweek (BACP) — Chicago Business Affairs and Consumer Protection page covering covered industries, advance notice, and the one-hour predictability pay rule.
• City of Berkeley: Fair Workweek FAQ — Berkeley's official Fair Workweek FAQ covering the 14-day notice rule, 11-hour rest window, and access to hours provision.