Fair workweek & predictive scheduling

Some of the hardest rules to build a schedule around.

Fair Workweek is different. Your system has to track when you posted the schedule, what you changed afterward, and what each change costs. I wrote this guide because seeing this and then configuring it in a real site can be challenging.

What a Fair Workweek law actually does

These laws don't only tell you what to pay. They tell you when you're allowed to set the schedule at all. If you're covered, you publish the schedule a fixed number of days ahead and then stick to it. Change anything after that deadline and you may owe the employee extra. Almost every ordinance includes four obligations:

RequirementWhat it meansWhat the system must do
Advance noticePost the schedule a set number of days ahead. Most ordinances use 14.Stamp every schedule with its publication time and lock the deadline per worksite.
Predictability payExtra pay owed when you add, cut, move, or cancel a posted shift after the deadline.Compare each change against the publication timestamp and calculate the premium automatically.
Clopening restA minimum gap, often 10 to 11 hours, between a closing shift and the next opening.Flag short-rest pairings before they're published, and apply the premium if the employee works one.
Good faith estimateA written estimate of expected hours, days, and locations, given at hire. Full guide →Generate and keep a GFE for each new hire, then track actual hours against it.

Two more that come up. You usually have to offer extra hours to your existing part-timers before hiring anyone new or bringing in subcontractors, and employees can turn down last-minute shifts without being punished for it.

Where these laws are in effect (2026)

Right now one state and about eleven cities or counties enforce predictive scheduling laws. Each one sets its own rules on employee count, industry, and location, so a single company-wide policy won't keep you compliant. You have to look at it site by site, and most companies implementing the rules have their own interpretations.

JurisdictionScopePrimarily covers
OregonStatewideRetail, hospitality, and food service (large employers)
New York City, NYLocalFast food and retail
Chicago, ILLocalRetail, hospitality, healthcare, manufacturing, warehouse
Philadelphia, PALocalRetail, hospitality, and food service
Seattle, WALocalRetail and food service
Los Angeles, CA (city)LocalRetail
Los Angeles County, CA (unincorporated)LocalRetail (effective July 1, 2025)
San Francisco, CALocalFormula (chain) retail
Emeryville, CALocalRetail and fast food
Berkeley, CALocalMultiple industries (effective Jan 12, 2024)
Evanston, ILLocalRetail, hospitality, manufacturing, warehouse

Why this breaks scheduling systems

You can check almost any other compliance rule against a finished schedule. These violations happen at the moment of the change, like when a manager moves a Tuesday shift to Wednesday three days before it starts. If your system isn't recording when the schedule was posted and comparing every later change against that point, you can't prove you complied and you can't work out what you owe. Three questions tell you whether your system can handle it:

CapabilityThe question to ask
Publication timestampCan it tell you the exact moment a schedule became official, per location?
Change attributionFor any edit, does it know whether you made the change or the employee asked for it? Only one triggers pay.
Premium calculationDoes it calculate predictability pay automatically, by ordinance, or is someone doing it in a spreadsheet afterward?

How to use this

Start with the worksite, not the policy. Go location by location. Work out which ordinance applies, then compare the four obligations above against what your system enforces today. The compliance grid shows Fair Workweek status for all 52 jurisdictions, and each state profile breaks down what it means for your system. When a new ordinance passes or a threshold changes, the change log records it with the date we checked.

Disclaimer. This guide is for information and benchmarking only. It isn't legal advice. Fair Workweek ordinances carry carve-outs, size thresholds, and effective-date changes that move often. Re-verify against the governing ordinance or your counsel before you configure anything, commit to a client, or publish.

Talk through a Fair Workweek setup →