Predictive scheduling laws also known as “fair workweek” laws are designed to discourage abrupt changes to employee schedules. These laws are intended to allow employees to live more predictable lives but create significant compliance challenges for employers. As more cities and states adopt or consider adopting these laws it is important employers understand their new obligations and voice their opinions to their legislators.
What are predictive scheduling laws?
Predictive scheduling laws typically apply to employers with hourly workers in the fast food, retail, or hospitality industry. Employers must generally:
- give workers regular schedules that stay the same week-to-week;
- give workers schedules two (or more) weeks in advance;
- pay premiums, from $10 to $100, based on the failure to provide required schedule notice and “clopenings” (scheduling the same person to do back-to-back closing and opening shifts);
- and give current workers the opportunity to work more regular hours before hiring new employees.
Penalties vary by jurisdiction but are generally between $300 to $1000 per violation. Violations can stack up quickly resulting in steep fines. In December 2025, Starbucks was ordered to pay $35.5 million to more than 15,000 NYC workers, plus $3.4 million in civil penalties, for more than half a million violations of NYC’s Fair Workweek Law. Since taking office, New York City’s Mayoral Administration has secured more than $8.5 million in restitution, for violations of NYC’s Fair Workweek Law and Protected Time Off Law.
Where are Predictive Scheduling laws?
Despite gaining steam, Oregon is the only state with a statewide predictive scheduling law. At the local level, nine cities have implemented their own predictive scheduling laws:
- Berkley, CA
- Emeryville, CA
- Los Angeles, CA
- San Francisco, CA
- San Jose, CA
- Chicago, IL
- New York, NY
- Philadelphia, PA
- Seattle, WA
An additional eight states are considering adopting similar legislation:
- Connecticut
- Illinois
- Maine
- Michigan
- Minnesota
- New Jersey
- North Carolina
- Rhode Island
It remains to be seen if any will pass. For the rest of the country, 11 states have proactively prohibited local governments from passing their own predictive scheduling laws:
- Alabama
- Arkansas
- Florida
- Georgia
- Indiana
- Iowa
- Kansas
- Michigan
- Ohio
- Tennessee
- Wisconsin
Employer Takeaways
Employers should check if their state or city has a predictive scheduling law. If so, study it and learn how to comply. In many cases, payroll companies offer compliance tools (but often only after the law has been effective). Regardless of what tools are available, check with competent counsel to ensure your plan is complaint with the law.
Where no such state or local laws exist, monitor pending legislation. If you learn the law is being seriously considered, make your voice heard to your representatives. Once the law gets passed, it is hard to get it repealed.
Brody and Associates regularly advises management on complying with the latest local, state and federal employment laws. If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560
