Fair Workweek Laws & Ordinances

A listing of Fair Workweek legislation and what business leaders must do to remain compliant. Updated May 2021.

Emeryville, CA

Fair Workweek Ordinance
Effective July 1, 2017

Applies To:

Retail employers with 56 or more employees globally; fast-food employers with 56 or more employees globally or 20 or more in Emeryville.

Requirements:

  • Provide employees with an estimate of average weekly hours prior to employment.
  • Two weeks’ notice of schedules.
  • Compensation when posted schedule is changed by employer.
  • Employees can decline last-minute additions.

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Chicago, IL

Fair Workweek Ordinance
Effective July 1, 2020

Applies To:

Employers with 100 or more employees, nonprofits with more than 250 employees, restaurants with at least 30 locations and 250 employees globally.

Requirements:

  • Ten days’ notice of schedules (this rises to 14 days’ notice on July 1, 2022).
  • Compensation when posted schedule is changed by employer within the 10-day advance notice period.
  • If employer makes alterations to the schedule without mutual agreement from the employee, they must pay one hour of Predictability Pay for each adjusted shift.
  • Employees can decline shifts that begin less than 10 hours after the end of a previous shift. 
  • If they work the shift, they are to be paid 1.25x their regular rate of pay.

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Philadelphia, PA

Fair Workweek Employment Standards
Effective April 1, 2020

Applies To:

Retail, hospitality, and food service employers with at least 250 employees and 30 locations globally.

Requirements:

  • Provide employees with an estimate of average weekly hours prior to employment.
  • Two weeks’ notice of schedules.
  • One hour of predictability pay due when posted schedule is changed by employer.
  • Employees are entitled to a 9-hour break between shifts or due $40 for each shift worked within the break period allowance.

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New York, NY

Fair Workweek Law
Effective November 26, 2017

Applies To:

Retail employers with 20 or more employees in New York City.

Requirements:

  • Fast-Food
    • Provide employees with an estimate of average weekly hours, days and times of work prior to employment.
    • Two weeks’ notice of schedules.
    • Compensation when posted schedule is changed by employer.
    • Employers must offer additional hours to existing, qualified part-time employees before hiring more employees (including subcontractors or temp workforce services).
    • Employees must receive 11 hours rest between shifts.
  • Retail 
    • 72 hours advance notice of schedules.
    • Last-minute shift additions without employee consent is prohibited (including coverage for last-minute cancellations and on-call shifts)

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State of Oregon

Fair Work Week Act
Effective August 8, 2017

Applies To:

Hourly employees of retail, hospitality and food service firms with over 500 employees globally.

Requirements:

  • Provide employees with an estimate of average weekly hours prior to employment.
  • Two weeks’ notice of schedules.
  • Compensation when posted schedule is changed by employer.
  • Employees are protected from retaliation when making accommodation requests.
  • Last-minute shift additions without employee consent is prohibited.
  • Employees must receive 10 hours rest between shifts.

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San Francisco, CA

Formula Retail Employee Rights Ordinances
Effective March 1, 2016

Applies To:

Employees of chain retail establishments with at least 40 locations globally and at least 20 employees in San Francisco.

Requirements:

  • Provide employees with an estimate of average weekly hours prior to employment.
  • Two weeks’ notice of schedules.
  • Compensation when posted schedule is changed by employer within seven days of shift.
  • Additional compensation for last-minute schedules changes and on-call shifts.
  • Guaranteed ‘Part-Time Parity’

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San Jose, CA

Opportunity to Work Ordinance
Effective March 13, 2017

Applies To:

Hourly employees at businesses with 36 or more employees globally.

Requirements:

  • Employers must offer additional hours to existing, qualified part-time employees before hiring more employees (including subcontractors or temp workforce services).

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Seattle, WA

Secure Scheduling Ordinance
Effective July 1, 2017

Applies To:

Hourly employees of retail businesses, fast-food and in-person dining establishments with 500 or more employees globally.

Requirements:

  • Provide employees with an estimate of average weekly hours prior to employment and periodically update that estimate.
  • Two weeks’ notice of schedules.
  • Compensation when posted schedule is changed by employer.
  • Employees can decline last-minute additions.
  • Employers must offer additional hours to existing employees before hiring new staff. 
  • Employers must guarantee 10 hours of rest between shifts. 
  • Employees have a protected right to provide input into their work schedules without retaliation from the employer; if the request is based on accommodating caregiving obligations, education, a second job, or the employee’s own health needs, the employer must provide a bona fide reason for rejecting the request.

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