Predictive scheduling laws, sometimes called fair workweek laws, try to make hourly schedules less chaotic. They generally require employers to post schedules ahead of time and pay extra when they change them at the last minute.
If you run a small business, the good news is that most of these laws don't apply to you. If you run a chain, a franchise or a large restaurant group in one of these places, they probably do. This is a short guide to working that out.
Where these laws exist
Oregon is the only state with a statewide law so far. Everywhere else, these are city or county rules. Places commonly listed include:
- New York City
- San Francisco, Berkeley and Emeryville
- Seattle
- Philadelphia
- Chicago
- Los Angeles (both the city and the county's unincorporated areas)
- Oregon, statewide
Other places have looked at similar rules, and the list changes. On the other hand, some states have passed laws barring their cities from creating such rules. Please check with your own city or county for the current position.
Who's usually covered
Size and industry are what matter. Most of these laws only cover certain employers. A few examples, as reported by legal and HR sources, of what these thresholds look like:
- Oregon covers retail, hospitality and food service employers with at least 500 employees worldwide.
- Chicago has covered employers in set industries above certain sizes, such as at least 100 employees, with higher thresholds for some nonprofits and restaurants.
Franchises often have special rules. A small franchisee can be covered because the brand has many locations. Don't assume you're out because your own store is small. Look up the actual rule for your city, because the thresholds, the wage caps and the industries differ quite a bit.
What they typically require
The details differ, but most of these laws have a similar shape:
Advance notice. You post schedules ahead of time. Two weeks is the most common requirement.
Pay for late changes. If you add, cut or move hours after posting, you may owe extra pay, often called predictability pay. The amount usually depends on how late the change is and what type of change it is. Changes the employee asks for, such as a swap they requested, generally don't count.
Rest between shifts. Many give the right to about 10 or 11 hours between shifts, or extra pay if they waive it. That's the clopening rule.
Extra hours for current staff first. Some laws say you must offer additional hours to current part-timers before hiring someone new.
A written estimate. New hires often must get a good-faith estimate of their hours at the start.
Records. You'll often need to keep schedules and changes for a set number of years.
If you're covered: what to do
- Read your city's own page. Most agencies publish plain-language guides, and some publish notices you have to post. Vendor blogs, including this one, can be out of date.
- Set your posting deadline. Publish on a fixed day that beats the requirement. If the law says 14 days, aim for 15.
- Work out who approves changes. One manager moving shifts around without knowing the cost is how you end up paying premiums.
- Use voluntary swaps and open shifts. Most laws treat employee-initiated changes differently, but you need a record that the employee asked.
- Keep every version. You should be able to show what was posted, when it changed and why.
If you're not covered: copy the good parts anyway
Giving two weeks' notice is cheap, and people appreciate it. Someone with kids or a second job can plan around a schedule published early. They're less likely to call out, too. And if you ever do grow into a covered size, you won't have to change much.
A sensible rule for a small business might be:
- Publish by the same day every week, at least a week ahead
- Don't schedule anyone with less than 10 hours between shifts unless they ask for it
- If you cut a shift at the last minute, make it up to the person somehow
What about on-call shifts?
Some of these laws restrict "on-call" arrangements, where someone has to stay available without knowing if they'll work. A few states also have reporting-time pay, which requires a minimum payment when someone shows up and gets sent home. Those rules can apply even in places without a fair workweek law, including California and New York. Check for them separately.
How PinkLinq can help
We have presets for New York City, Washington State with Seattle's rules, Oregon and Illinois with Chicago's rules. They flag schedules published too late and short rest between shifts while you're building the week. Your shifts stay drafts until you publish, and everyone's told once you do. Swaps and open-shift claims start with the employee, and approvals are recorded.
We don't calculate predictability pay for you, and our flags don't replace the actual rules for your city. Treat them as a reminder, and check the ordinance for specifics.
Where to read more
Secondary sources we used to build this list, as of November 2026:
Your city's labor standards office is the place to confirm any of this.
This is general information, not legal advice.