At a Glance

• Fair workweek laws in various U.S. jurisdictions require covered employers to provide advance notice of schedules, premium pay for changes, the right to decline shifts, and the right to additional hours, among others.
• These laws also require employers to maintain detailed records, with significant penalties for non-compliance.
• Compliance involves a host of structural and cultural challenges for covered employers, including training managers on scheduling rules, documenting schedule changes and employee consent, and checking local requirements to avoid costly violations.

Many localities across the United States, including Los Angeles County, Los Angeles, Berkeley, San Francisco, and Emeryville, California; New York City, New York; Philadelphia, Pennsylvania; Chicago and Evanston, Illinois; Seattle, Washington; and the state of Oregon, have enacted a category of wage and hour rules commonly referred to as “fair workweek” or “predictable scheduling” legislation. These laws are designed to provide predictable schedules to employees across myriad industries, but most commonly the retail and hospitality industries, in order to allow these employees to plan their budgets, and coordinate multiple jobs and caregiving responsibilities.

While the specifics of each locality’s fair workweek law vary, these ordinances generally seek to provide scheduling stability to employees in covered industries by: (i) requiring covered employers to publish work schedules at least 14...

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