Predictive Scheduling Laws: State and City Requirements for Employers

Get an overview of U.S. predictive scheduling laws, including covered industries, key city and state rules, penalties, and employer obligations. See which jurisdictions require advance work schedules, how predictability pay works, and how HR software supports compliance with these regulations.

By Brad Nakase, Attorney

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Have a quick question? We answered nearly 2000 FAQs.

Table of Contents

1. Introduction

2. Predictive scheduling laws: What are they?

3. Sectors affected by predictive scheduling

4. States that have laws related to predictive scheduling

5. Predictive scheduling laws in cities

6. States that do not allow the use of predictive scheduling

7. States contemplating laws related to predictive scheduling

8. What are the consequences of violating predictive scheduling?

9. Effects of predictive scheduling on workers

10. How to abide by legislation related to predictive scheduling

11. FAQs: Predictive scheduling laws

Introduction

Predictive scheduling laws require the covered companies to provide their teams with schedules at least two weeks prior. It is very important to understand how these regulations work and how they may impact the jurisdictions within which you can do business, as they continue to become more common in the US.

Learn everything you need to understand about this new idea, from the most current laws related to predictive scheduling to places that have either outlawed or considered it.

No worker would enjoy facing abrupt changes. Emergencies can sometimes occur, but there are cases when last-minute changes are made regularly. Life management could be difficult for workers. By forcing companies to submit schedules ahead of time, predictive scheduling legislation in a number of states and towns aims to shield workers from sudden shift changes.

These rules simplify the organization of the life of workers; however, it is more difficult for companies to comply. It may be hard to arrange resources that are enough to cover absences, sick time, and bereavement. To counteract these unforeseen circumstances, certain sectors have implemented on-call regulations, such as retail, hospitality, food service, and manufacturing.

It is required of workers in these industries to be adaptable. Flexibility is kept within reasonable bounds with the aid of predictive scheduling laws.

Employers must closely monitor the regulations in the states and towns where they operate since predictive scheduling laws are becoming more and more prevalent nationwide. And we’ll assist!

Let’s start by looking at the general operation of predictive scheduling regulations and how they change in different jurisdictions. We will discuss how predictive scheduling compliance is made easier with the appropriate HR software.

Predictive scheduling laws: What are they?

These laws require companies to provide schedules in advance, which helps employees avoid sudden shift changes. They also aid in avoiding unplanned “clopening” shifts, which are when an employee is scheduled to close the business & then reopen the next day without getting enough sleep.

Companies that disregard these regulations risk fines and other consequences. Laws associated with predictive scheduling frequently grant workers the option to refuse requests to switch shifts. They can assist people in setting appropriate expectations with their managers.

Predictive scheduling laws assist in allaying the fears of reprisal that employees may have. Furthermore, although these regulations are becoming more and more popular, they are not yet required by federal law.

Sectors affected by predictive scheduling

Laws associated with predictive scheduling typically apply best to companies that employ hourly workers. Most of the abrupt additions in scheduling affect minimum wage workers, but managers can also be driven to the point of workplace turmoil when they cannot dictate their hours.

Consider the following examples of employees who are often affected by schedule changes at the last minute:

A front desk staff member at a crowded hotel
A line cook at a 24-hour fast-food establishment
Overnight inventory counting by a warehouse auditor
A big-box shop employee in retail

States that have laws related to predictive scheduling

Some jurisdictions have enacted city-specific predictive scheduling rules. Statewide legislation of this kind has been passed by only one state. Nevertheless, since local predictive scheduling rules can, at some point, affect more general or state guidelines, it is necessary to keep a watch and understand them as they evolve.

Oregon

The only state having statewide predictive scheduling laws as of 2018 is Oregon. Businesses in Oregon that employ 500 or more people in the retail, hospitality, or food services sectors are required to:

Give employees a “good faith” assessment of their schedule.
Give out documented work schedules fourteen days in advance.
Allow at least ten hours of downtime between shifts.

Back-to-back work within ten hours may still be freely accepted by employees, but employers are required to compensate time and a half their regular rate (sometimes known as “predictability compensation”).

It’s imperative to check the website of your state government for recent legislation and other changes as more laws dealing with predictive scheduling become available.

Predictive scheduling laws in cities

In metropolitan and densely populated areas, predictive scheduling rules have become increasingly popular. These eight towns, four of which are in California alone, have passed predictive scheduling legislation as of right now:

Berkley, California

Berkeley’s Fair Workweek Regulation went into effect on January 12 and mandates that companies in the city with ten or more employees:

Share work schedules 2 weeks early
Give 11 hours of downtime between shifts.
Give part-time workers extra hours before creating a new position,

This is only applicable to companies with a global headcount of 100 or more workers in specific categories.

Emeryville, California

The Fair Workweek Ordinance of Emeryville was passed in 2018 and offers predictive scheduling rules to the fast-food companies and retailers, which employ at least 20 staff in Emeryville and 56 or more staff globally. It mandates employers to:

Give 11 hours of rest in between shifts and two weeks of advance notice for work schedules.
If a schedule modification is made within twenty-four hours prior to a shift, employees will be paid one hour’s compensation.
An employee can reject the shift when less than two weeks’ notice is given.

Los Angeles, CA

The regulation is applicable to retail companies that hire 300 or more workers. It requires them to:

Give employees 14 days’ notice of their schedules.
Give ten hours of rest in between shifts.
Retain relevant documentation, including work schedule, for at least three years.

To understand the regulation better, check out the Frequently Asked Questions brochure of the local government.

San Francisco, California

San Francisco’s predictive scheduling statute, which was passed in its current version in 2016, mandates that “formula retail enterprises” with at least 20 staff members give two weeks’ notice of their work schedules and keep them, along with payroll records, for a minimum of three years.

A company that sells food or retail goods and has at least eleven locations is referred to as a “formula retail enterprise” (or “chain shop”). To find out if your company is covered, utilize the city’s declaration for formula businesses.

Chicago

Companies with more than 100 employees worldwide are required to provide:

For schedules of work, a two-week advance notification
For shift changes done less than fourteen days in advance, there is one hour of additional predictability pay.
Ten hours of recuperation in between shifts

This law does not apply to restaurants until they employ more than 250 people across 30 sites. This regulation protects employees only in case their firm meets the requirements mentioned above, and their gross annual pay is less than $59,161.50.

New York City

The Fair Workweek Law of New York City requires fast-food companies to provide their employees with:

Weekly routines that “remain the same.”
A notice period of two weeks for work schedules
Predictability compensates for sudden shifts and “clopening” adjustments.
Justification for a more than 15% reduction in hours

Businesses that are affected are also supposed to post the New York City Fast Food Workers’ rights banner. It must be in a conspicuous place where staff will see it.

Philadelphia

The 2020 Fair Workweek Employment Standards of Philadelphia (enacted in 2018) mostly apply to retail, hospitality, and food service companies that have more than 250 employees and 30 outlets across the world, similar to the Fair Workweek Employment Standards of Chicago.

According to the rule, covered companies must give workers work plans two weeks ahead of time and provide predictability compensation for schedule modifications made within 24 hours of an impacted shift.

Seattle, Washington

Retail and food service establishments with more than 500 workers around the world are subject to the rules of the Seattle Secure Scheduling Ordinance (2017), which is one of the first regulations regarding predictive scheduling. By law, these employers are expected to:

Construct a regular timetable for work with staff members using an “interactive procedure.”
Give ten hours off in between shifts.
Create work plans two weeks before they take effect.
Allow employees to have one hour of additional remuneration in response to additional time in their work schedules with less than two weeks’ notice.

It is advisable to seek the services of an experienced attorney to ensure that you have the correct predictive scheduling rules of the states & towns where your business is conducted, because the rules are complex.

States that do not allow the use of predictive scheduling

Ten states prohibit local governments from making predictive scheduling laws, even though they are gaining popularity in other states. Predictive scheduling rules are now prohibited in:

Alabama
Florida
Arkansas
Indiana
Georgia
Kansas
Iowa
Ohio
Michigan
Tennessee

States contemplating laws related to predictive scheduling

The idea is still debatable for the majority of the country, despite the fact that certain states have passed legislation pertaining to predictive scheduling, and an even greater number have openly banned it. Nevertheless, an additional eight states have thought about implementing predictive scheduling in one way or another:

Connecticut
Maine
Illinois
Minnesota
Michigan
North Carolina
New Jersey
Rhode Island

Keep a watch for any potential new regulations related to predictive scheduling if your company participates in any of the above-mentioned states. After all, even a law that was rejected may indicate that comparable proposals are more likely to be approved.

What are the consequences of violating predictive scheduling?

Not every state implements predictive scheduling legislation because they are still fairly fresh in the areas they represent. However, those that do may encounter expensive, progressive fines for employers.

If you are doing business in any one of these cities, the following will be the fines:

Berkeley, California: Companies based in Berkeley may face a fine of $1000 per affected employee, as well as $500 per part of the legislation violated. Moreover, the employers may be obliged to compensate the affected employees to the tune of 50 dollars per breach of the clause.
Emeryville: Companies can be fined $1000 for every affected worker. Five hundred dollars for each law violation.
Los Angeles: Companies have to compensate every affected worker. Fine of as much as $500 for each law violation.
San Francisco: $500 fine for each infraction.
San Jose: Businesses are liable to a fine of $50 per employee for non-compliance.
NY City: Companies shall pay a fine of $300 & $500 for the first & the second violation.

Effects of predictive scheduling on workers

Predictive scheduling rules are fundamentally designed to prevent overworking or exploiting workers. One immediate advantage of this law is that it facilitates life planning for some employees, possibly long in advance. Consequently, this could enhance a workforce’s financial security, engagement, and well-being.

As more accurate scheduling guidelines are developed nationwide, the long-term benefits of these rules to workers will probably become evident.

How to abide by legislation related to predictive scheduling

Laws concerning predictive scheduling frequently impose a long list of criteria. However, maintaining them is not insurmountable, particularly when using a single HR program.

Predictive scheduling heavily relies on efficient labor and time management. Why not automate this time-consuming process to ensure that no schedule violates a predictive scheduling rule accidentally?

With these technologies, the managers and staff find it easy to access and understand schedules. Also, a drag-and-drop calendar allows businesses to assign shifts on a customized calendar in a very fast manner.

Moreover, the interface will provide a real-time and holistic overview of all the employees in terms of their availability. This way, the managers can swiftly know whether the previous two weeks have involved any schedule changes or any workers who have not taken a much-needed rest between shifts.

FAQs: Predictive scheduling laws

1. Who do these laws apply to?

At the moment, only specific companies in the local jurisdictions with predictive scheduling legislation are impacted. On the other hand, only Oregon has state-wide predictive scheduling guidelines.

2. What companies should post to be in line with the legislation?

A verified schedule that is readily available to all staff members.

3. Predictive scheduling law: What are the key requirements of what to regulate?

Predictive scheduling legislation usually requires employers to provide their employees with an assurance of a schedule weeks beforehand or pay them extra due to last-minute changes. Ideally, this would enable the workers to organize their lives and establish a reliable schedule.

4. Do all states have the same laws?

Different jurisdictions have different regulations related to predictive scheduling & the businesses that they impact. It’s critical to confirm the precise requirements for every predictive scheduling legislation that applies to the region.

5. Do federal laws concerning predictive scheduling exist?

No, there are no federal laws concerning that.

6. Do businesses need to give workers advance notice of schedule changes?

Yes, if a company is impacted by a predictive scheduling law. Depending on when they are informed, the impacted employee may be entitled to additional compensation.

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Predictive Scheduling Laws: State and City Requirements for Employers

Introduction

Predictive scheduling laws: What are they?

Sectors affected by predictive scheduling

States that have laws related to predictive scheduling

Predictive scheduling laws in cities

States that do not allow the use of predictive scheduling

States contemplating laws related to predictive scheduling

What are the consequences of violating predictive scheduling?

Effects of predictive scheduling on workers

How to abide by legislation related to predictive scheduling

FAQs: Predictive scheduling laws

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