Predictive Scheduling Laws: What Employees Need To Know About Fair Workweek Rules

Although federal and state laws set minimum wage rates and certain other basic safeguards, American workers have few protections when it comes to scheduling. Many service and hospitality workers have unpredictable schedules, making it difficult to plan childcare and other activities from week to week. For part-time workers, not knowing when or how much they will work can make it impossible to make ends meet (or juggle more than one job).

While the Federal Fair Labor Standards Act of 1938 (FLSA) requires employers to track and compensate employees for their working hours, it does not address how employers schedule employees. An employer may post a schedule days or hours before an employee’s shift and penalize workers who don’t show up. They can change the schedule however they wish, including adding unexpected shifts or cutting workers’ hours with little or no notice.

What Are Predictive Scheduling or “Fair Workweek” Laws?

Some states and cities have passed laws to curtail this exploitative behavior. These are known as “predictive scheduling” or “fair workweek” laws. While these laws vary from place to place, they generally require employers to publish schedules a set time in advance. If an employer changes a worker’s shifts within that time, it must pay the worker a penalty.

Predictable scheduling benefits workers in many ways, reducing burnout and helping them maintain more stable employment. It also reduces turnover and improves employee morale, reducing the need (and expense) for hiring, onboarding, and training new staff. 

As of May 2026, one state and eleven municipalities have implemented predictive scheduling laws. These are:

• Oregon – ORS 653.412 and OAR 839-026.
• Berkeley, CA – Fair Workweek Ordinance
• Emeryville, CA – Fair Workweek Employment Standards
• Los Angeles, CA – Fair Work Week Ordinance
• Los Angeles County, CA – Fair Workweek Ordinance
• San Francisco, CA – Formula Retail Employee Rights Ordinance
• San Jose, CA – Opportunity to Work Ordinance
• New York City, NY – Fair Workweek Law
• Evanston, IL– Fair Workweek Ordinance 24-O-23
• Chicago, IL – Chicago Fair Workweek Ordinance
• Philadelphia, PA – Fair Workweek Law
• Seattle, WA – Secure Scheduling Ordinance

Although the specific provisions of these laws vary, they include some or all of these protections:

• Employees are entitled to a fair estimate of their anticipated schedule and typical number of scheduled hours upon hire.

• Employers must pay penalty wages (“predictability pay”) if they add, change, or subtract hours within two weeks of a scheduled shift. (This can be an additional hourly percentage, a one-time flat fee, an additional hour of pay, or other specified amount.)

• Employees may decline unscheduled shifts within the 14-day period without penalty.

Seek Legal Advice If You Think Your Employer May Not Be In Compliance

Employees should pay close attention to patterns like schedules being posted at the last minute, shifts being added or cut with little warning, or being pressured to work “clopening” shifts with little rest between shifts. These may violate predictive scheduling laws if you work in a covered location and industry. It is also important to save copies or screenshots of posted schedules, text messages, scheduling app notifications, time records, and paystubs showing whether any scheduling premiums were paid.

Because these laws are local and technical, whether your employer is compliant depends on several factors: where you work, your industry, your employer’s size, how far in advance schedules are posted, whether changes were made by the employer or requested by the employee, and whether you received any required premium pay. If you believe your schedule is being changed without proper notice or compensation, you may have rights under a state or local fair workweek law, even if your employer tells you that scheduling decisions are simply “business needs.” An employment attorney can help evaluate whether the law applies and whether you may be owed additional wages or penalties.

Contact Sommers Schwartz, P.C.

If you have questions about predictive scheduling laws or other wage-and-hour issues, contact Sommers Schwartz, P.C. Our experienced team of wage-and-hour attorneys has decades of experience helping businesses stay compliant with laws protecting workers’ rights. Contact us today to schedule a free, confidential, no-obligation consultation.