A fair workweek refers to a set of labor regulations that require employers to provide predictable work schedules, adequate notice of schedule changes, and fair compensation for shifts, particularly for hourly workers. These laws aim to promote work-life balance and job stability.
What are fair workweek laws?
Fair workweek laws are regulations designed to make sure employers create and distribute more predictable and stable employee schedules. The laws aim to prevent erratic scheduling practices that can negatively impact a worker's personal life and well-being. By requiring employers to provide consistency for employees, these laws promote job stability, allowing workers to plan their lives more effectively.
The laws are designed to combat “just-in-time” scheduling that’s often used by businesses that have fluctuating staffing needs, which can wreak havoc on the lives of some of the lowest paid employees in the workforce. Fair workweek laws are especially targeted toward low wage, part-time workers, but they can benefit full-time employees, too.
What are the requirements of fair workweek laws?
There isn’t just one fair workweek law—the laws vary by location, so the specific requirements depend on where you are and which law you’re looking at. But in general, the types of practices these laws promote include:
- Advance notice of work schedules: Employers must provide employees with their work schedules in advance, typically ranging from 7 to 14 days, depending on the local jurisdiction
- Good faith estimates (also known as regular schedule): Employers are required to give new employees a good faith estimate of their work hours at the time of hiring
- Consent for changes to work schedules (also known as the right to decline): For additional hours or on-call shifts, employers must obtain employee consent. They must also offer extra compensation for last-minute schedule changes.
- Predictability pay: If an employer changes an employee’s schedule without sufficient notice, they must compensate the employee with predictability pay for the inconvenience
- Right to rest: Employers cannot schedule employees for “clopening” shifts—or closing shifts followed by opening shifts scheduled back-to-back without adequate rest time in between, unless the employee consents
- Access to hours: Employers must give existing part-time employees the opportunity to pick up available shifts before hiring new employees
Note that not all fair workweek laws include all of these requirements. The scope of each law varies—which we’ll cover in more detail down below.
Who do fair workweek laws affect?
Fair workweek laws vary significantly across jurisdictions, meaning that the industries and employees impacted can differ based on location. These laws generally aim to protect workers in sectors with unpredictable schedules, such as retail, fast food, and healthcare, but each state or city may have its own regulations regarding employee coverage and requirements.
Is there a federal fair workweek law?
Currently, there is no federal fair workweek legislation. All existing fair workweek laws are state or city-specific, meaning that businesses must pay attention to local regulations rather than adhering to a unified national standard.
State fair workweek laws
As of 2024, only one state has implemented its own version of a fair workweek regulation: Oregon.
The statewide law applies to retail, hospitality, and food service employers with 500 or more employees worldwide (excluding exempt employees, those provided by worker leasing companies, and employees whose primary duties aren’t related to retail, hospitality, or food service).
Oregon’s law requires employers to provide:
- Good faith estimates of median scheduled hours on hiring
- 14 days’ notice of work schedules
- 10 hours of rest between shifts
- 1.5 times the regular rate of pay for employees who work “clopening” shifts—and only if they consent to working those shifts
Local fair workweek laws
In addition to Oregon’s law, many cities have implemented local fair workweek ordinances that provide additional protections to employees. Below are details on the laws that exist as of 2024:
City
Covered employers
Requirements
Berkeley, California
- City of Berkeley employees
- Restaurants, retail franchisees, and nonprofits with 100+ employees worldwide including 10+ in Berkeley
- Retailers (not franchisees), building services, healthcare, hotel, manufacturing, and warehouse services with 56+ employees worldwide including 10+ in Berkeley
- A written good faith estimate of work schedules with at least two weeks’ notice
- Written notice of schedule changes within 24 hours
- Right to decline clopening shift
- Predictability pay at 1.5x the employee’s regular rate
Chicago, Illinois
- Restaurants with 250+ employees worldwide and 30+ locations worldwide
- Nonprofits with 250+ employees worldwide
- Other industries with 100+ employees worldwide
- Employers with 50+ covered employees (meaning employees who spend most of their time working in Chicago and earn less than or equal to $50,000 in salary or $26 per hour)
- 14-day notice of all scheduled shifts
- Predictability pay at 1.25x the employee’s regular rate for late schedule changes
- Right to decline shifts that have less than 10 hours of rest between them
Emeryville, California
- Retail employers with 56+ nonexempt employees worldwide
- Fast food employers with 56+ nonexempt employees worldwide including 20+ employees in Emeryville
- Franchisees associated with a franchisor or a network of franchises with more than 12 locations globally
- A written good faith estimate of work schedules with at least two weeks’ notice
- Pay at 1.5x the employee’s regular rate for clopening shifts
Euless, Texas
All employers with 200+ employees except hospitals and public agencies
- 10-day notice of all scheduled shifts
- Right to decline schedule changes without advance notice
- Pay at 3x the employee’s regular rate for last-minute, emergency shift without the employee’s consent
- Predictability pay at 1/2 the employee’s regular rate for reduced hours without consent
Evanston, Illinois
- Food service and restaurants with 200+ nonexempt employees and 30+ locations worldwide
- Hospitality, retail, warehouse services, landscaping, manufacturing, and building services with 100+ nonexempt employees worldwide
- A good faith estimate of new employees’ regular hours within the first 90 days of work
- 14-day written notice of work hours
- One extra hour of pay when the schedule changes within 14 days but with at least one day of notice
- Up to four hours of extra pay when the schedule changes within 24 hours of an employee’s shift
- Right to decline clopening shifts
- Pay at 1.5x the employee’s regular rate for clopening shifts when they consent to work
Los Angeles, California
Retail chains with 300+ employees worldwide (law only covers employees who work at least two hours per workweek)
- 14-day notice of work hours with electronic, written, or posted schedules
- A good faith estimate of new employees’ regular hours upon hiring and within 10 days of an employee’s request
- 10 hours of rest between all shifts, unless an employee gives written consent for less
- Pay at 1.5x the employee’s regular rate for shifts with less than 10 hours of rest between them
New York, New York
- Fast food chains (including franchises) with 30+ locations nationwide
- Retail locations with 20+ employees who work in retail stores in New York City
Fast food chains:
- Regular schedules that stay consistent from week to week
- 14-day notice of work schedules
- Immediate notification of canceled shifts
- Predictability pay for late changes or clopening shifts
- Right to refuse clopening shifts
- Protection against reduction of hours greater than 15%
- Right of first refusal when new shifts are available, before new employees are hired
Fast food chains:
- 72-hour notice of work schedules
- Right to decline last-minute shifts
- No on-call shifts
- No last-minute shift cancelations
Philadelphia, Pennsylvania
Retail, hospitality, restaurants, and fast food locations with 250+ employees worldwide and 30+ locations worldwide (including chains and franchises)
- Right of first refusal when new shifts are available, before new employees are hired
- A good faith estimate of new employees’ regular hours
- Right to request schedule changes
- Right to decline extra shifts
- 14-day notice of work schedules
- Predictability pay for late changes and clopening shifts
San Francisco, California
Retail, food services, gyms, financial services, and hospitality business with 20+ employees in San Francisco (excluding white collar exempt employees) and 40+ locations worldwide
- Written good faith estimate of new employees’ regular hours upon hiring
- Other rights regulated by Formula Retail Employees Rights Ordinances (FRERO)
San Jose, California
All businesses with 36+ nonexempt employees in San Jose, excluding hospitals
- Right of first refusal when new shifts are available, before new employees are hired (except if the employer would be required to pay a premium rate for the work)
- One extra hour of pay when the schedule changes within 14 days of an employee’s shift
- Predictability pay at 1/2 the employee’s regular rate for schedule changes that result in lost work
Seattle, Washington
Retail, restaurants, and fast food locations with 500+ employees worldwide (including all franchisees). Full-service restaurants must have 40+ locations worldwide.
- A good faith estimate of new employees’ regular hours upon hiring
- Right of first refusal when new shifts are available, before new employees are hired
- Right to state schedule preferences
- 14-day notice of work schedules
- Right of refusal and extra pay for clopening shifts
- Predictability pay for late schedule changes
Washington, D.C.
- Retail and food service locations with 500+ employee worldwide
- Restaurants with 500+ employees and 40+ locations worldwide
- A good faith estimate of new employees’ regular hours upon hiring
- 10 hours of rest between all shifts, unless an employee consents to less rest time
- Pay at 1.5 times the employee’s regular rate for shifts with less than 10 hours between them
- 14-day notice of work schedules
- One extra hour of pay when the schedule changes within 14 days of an employee’s shift
Scope of fair workweek laws
Many fair workweek laws are industry-specific, meaning they target sectors known for inconsistent and unpredictable scheduling practices. For example, fast food and food service workers often face fluctuating schedules, and so are typically covered under these laws.
Other industries that are frequently regulated by fair workweek laws include childcare, healthcare, and retail employers, especially large franchises that manage hundreds of workers across multiple locations.
How can businesses stay compliant with fair workweek laws?
From using scheduling software to creating proactive policies, here are some strategies businesses can use to stay compliant with fair workweek laws.
Leverage technology
Businesses can utilize employee scheduling software that allows for flexible schedules, quick responses to employee requests, and automated notifications for changes. These tools help businesses post their schedules on time and provide advanced scheduling to meet legal requirements.
Post schedules in advance
Make sure employees have access to the posted schedule far enough in advance to meet the local legal requirements for fair workweek laws. Remember it’s up to employers to comply with the laws they’re bound to for their jurisdictions—both where they’re based and where their employees work, if they have a hybrid or remote workforce.
Regularly review compliance
Work with legal and HR teams to regularly assess scheduling practices to make sure they comply with all relevant state or city laws. Keep in mind that laws can change, so it’s a good practice to schedule compliance reviews at least once a year.
Create fair scheduling policies
Clearly communicate scheduling policies to your employees, outlining how changes are made, how employee requests are handled, and what compensation will be provided for last-minute adjustments. Have a legal or HR expert review your policies so you can be sure they align with any fair workweek laws your organization is bound to.
Frequently asked questions about fair workweek laws
What are other names for fair workweek laws?
Fair Workweek is also known as:
- Predictive Scheduling Law in Oregon
- Secure Scheduling in Seattle, Washington
- Fair Overtime and Scheduling Standards in Euless, Texas
- Formula Retail Employee Rights Ordinance in San Francisco, California
- Opportunity to Work in San Jose, California
- Fair Work Week in Los Angeles and Berkeley, California
Where are fair workweek laws not allowed?
These states have prohibited their local governments from passing predictive work schedule laws:
- Alabama
- Arkansas
- Florida
- Georgia
- Indiana
- Iowa
- Kansas
- Michigan
- Ohio
- Tennessee
- Wisconsin
Do fair workweek laws only affect part-time employees?
Fair workweek laws are often designed to protect part-time workers, especially in industries like retail and fast food, who have unpredictable schedules. But they offer benefits to all workers, regardless of whether they are full-time or part-time, ensuring that all current employees are treated fairly when it comes to scheduling practices and minimum wage protections.
Rippling and its affiliates do not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.