Predictive scheduling laws for retail, an overview
Which US places have fair workweek rules, the size thresholds that decide who is covered, and what they ask of a retail schedule. With links to official sources.
Predictive scheduling laws, also called fair workweek or secure scheduling laws, require certain employers to give advance notice of schedules. Many also require extra pay for late changes and give employees a right to rest between shifts. There is no single US federal rule of this kind. They come from cities and, in Oregon's case, a state.
For a chain of 3 to 50 stores, the first question is whether you are covered at all. The thresholds vary widely, so don't assume a law only reaches national chains.
Who is covered: the thresholds
The numbers below come from each official source. Each law defines its terms in its own way, including how franchises and related businesses are counted.
| Place | Retail employers covered | Source |
|---|---|---|
| New York City | Retail businesses that primarily sell consumer goods, with 20 or more employees in NYC | NYC DCWP |
| San Francisco | Formula retail with at least 40 stores worldwide and 20 or more employees in San Francisco | SF OLSE |
| Chicago | Retail is a covered industry. At least 100 employees globally, for employees at or below set pay levels | City of Chicago |
| Philadelphia | Retail with 250 or more employees and 30 or more locations worldwide | City of Philadelphia FAQ |
| Los Angeles (city) | Retail with 300 or more employees globally | LA Office of Wage Standards |
| Oregon | Retail with at least 500 employees worldwide | Oregon BOLI |
| Seattle | Retail with 500 or more employees worldwide | Seattle OLS |
Notice the first three. A regional chain can pass the New York City or Chicago thresholds well before it thinks of itself as a large employer. In Chicago, pay levels decide which employees are covered, and the city page shows the current amounts.
What the laws ask for
The details differ, but the same few ideas come up.
Advance notice of schedules
Employers publish schedules a set time ahead.
| Place | Notice |
|---|---|
| New York City | 72 hours before the first shift on the schedule |
| San Francisco | Two weeks |
| Chicago | Advance notice, with predictability pay for changes within 14 days |
| Philadelphia | 14 days |
| Los Angeles | 14 calendar days |
| Oregon | 14 calendar days |
| Seattle | 14 days |
Plan for the longest window that applies to you. If you run stores across several places, one company-wide habit of publishing early is simpler than a different date in every city.
Pay for late changes
Many of these laws require extra pay, often called predictability pay, when an employer changes a posted schedule. Los Angeles, for example, lists one hour at the regular rate for a change to date, time or location, and half the regular rate for hours lost when a shift is cut. Oregon and Seattle describe similar structures on their pages. Exceptions exist, such as swaps that an employee asked for, so read the rule for your location.
Rest between shifts
A close followed by an open is the classic problem, and it is a target of several of these laws.
- Chicago: employees can decline work less than 10 hours after the end of the previous day's shift.
- Los Angeles: employees need not work a shift starting less than 10 hours after their last one without written consent, and they receive premium pay for the following shift.
- Oregon: no work in the first 10 hours after the previous day's shift unless the employee requests or agrees, with time-and-a-half for that work.
- Seattle: time-and-a-half when closing and opening shifts are less than 10 hours apart.
- Philadelphia: the city's FAQ refers to 9 hours of rest between certain shifts.
Other common rights
- Good faith estimates. New hires may be owed a written estimate of their expected schedule, as in Los Angeles and Philadelphia.
- On-call limits. New York City retail employers cannot schedule on-call shifts.
- Offering hours to current staff. Some laws, such as those in Los Angeles and Philadelphia, require offering extra hours to existing employees before hiring.
- Right to request. Seattle, for example, requires an interactive process when employees ask for schedule preferences.
- Posting and records. Many laws require a posted notice, and require you to keep records for a set time.
The cost of getting it wrong
Penalties vary. New York City's retail FAQ describes $300 per affected worker for some violations, as well as fines. City enforcement agencies announce settlements, so these are not rules on paper only.
How to prepare, even if you are not covered yet
These habits are good operations in any location, and they make you ready if a law reaches you:
- List every location and headcount. Note how you would count employees worldwide, then ask counsel to confirm which laws apply.
- Publish early, on a set day. Choose a schedule date that meets your longest notice window.
- Stop close-then-open shifts. Set a rest rule of at least 10 hours. It is also better for your team.
- Record why changes happen. If a change is made at an employee's request, keep a record. Many exceptions depend on it.
- Check the list again. New rules are proposed regularly. Los Angeles County, for example, has considered its own ordinance for unincorporated areas. Ask counsel to review your list each year.
Where to read more
Start with the official pages in the table above. For anything beyond an overview, talk to employment counsel who knows the place in question. This page is a starting point for that conversation, and it should not replace it.