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.
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.
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.
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)
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.
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’
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).
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.