Fair Scheduling Laws

Fair scheduling laws require advance notice of the rota and pay for late changes. Where they apply, the notice periods and what compliance costs you.

This article will provide an in-depth overview of fair scheduling laws, their history, key components, benefits, challenges, and tips for compliance.

What are fair scheduling laws?

Fair scheduling laws, often referred to as "predictive scheduling" or "fair workweek" laws, are regulations designed to provide employees with more predictable and stable work schedules. These laws aim to balance the operational needs of businesses with the personal lives of employees, particularly those in industries like retail, hospitality, and food service. For UK employers, working hours and rest breaks fall under the Working Time Regulations instead.

⚠️ Key components of fair scheduling laws:

Advance Notice of Work shift schedules: Employers are typically required to provide employees with their work schedules a certain number of days in advance, commonly 14 days. This advance notice allows employees to plan their personal lives more effectively.
Predictability Pay: If an employer makes changes to the schedule after the advance notice period, they may be required to provide additional compensation, known as predictability pay, to the affected employees. This serves as a deterrent against last-minute schedule changes.
Right to Rest Between Shifts: Some laws mandate a minimum number of hours of rest between shifts to prevent situations where employees work closing shifts followed by opening shifts ("clopening"). For example, certain regulations require at least 10 hours of rest between shifts.
Good Faith Estimate of Work Schedule: At the time of hiring, employers may be required to provide a good faith estimate of an employee's expected work schedule, including the number of hours and potential shifts. This helps set clear expectations from the outset.
Offer of Additional Hours to Existing Employees: Before hiring new staff, employers might be obligated to offer additional work hours to current part-time employees. This provision ensures that existing employees have the opportunity to work more hours if they desire.

Employer responsibilities

To comply with fair scheduling laws, employers should:

Implement Scheduling Systems: Utilise software or tools that facilitate the creation and distribution of schedules within the required notice period.
Maintain Open Communication: Engage in regular dialogue with employees about their availability and scheduling preferences.
Keep Accurate Records: Document all schedules, changes, and communications to demonstrate compliance in case of audits or disputes.

✅ Benefits of compliance with predictive scheduling laws:

Adhering to fair scheduling laws can lead to:

Improved Employee Morale: Predictable schedules contribute to better work-life balance, increasing job satisfaction.
Reduced Turnover: Employees are more likely to remain with an employer who respects their time and provides stability.
Enhanced Productivity: Satisfied employees often perform better, positively impacting the business's bottom line.

By understanding and implementing fair scheduling practices, employers can foster a more committed and efficient workforce while staying compliant with evolving labor regulations.

State and local variations in fair scheduling laws

Fair scheduling laws, also known as predictive scheduling or fair workweek laws, vary significantly across different states and municipalities in the United States.

These laws aim to provide employees with more predictable work schedules and enhance work-life balance. Below is a detailed overview of notable state and local fair scheduling laws:

Statewide fair scheduling laws

The following key provisions apply to the state of Oregon as of July 2018:

Advance Notice: Employers must provide written work schedules at least 14 days in advance.
Rest Between Shifts: Employees are entitled to a minimum of 10 hours off between shifts; if this rest period is not provided, employees must be compensated at 1.5 times their regular rate.
Good Faith Estimate: Upon hiring, employers must provide a written estimate of the employee's work schedule.

Local fair scheduling laws

City	Employers Affected	Key Provisions
San Francisco, CA, since July 3, 2015	Retail businesses with 40+ establishments worldwide and 20+ employees in San Francisco. Includes bars, restaurants, and banks.	Schedules must be provided 14 days in advance. Compensation for last-minute schedule changes. Must offer extra hours to existing part-time employees before hiring new staff.
Emeryville, CA, since January 1, 2018	Retail employers with 56+ employees globally. Fast-food companies with 20+ employees locally and 56+ globally.	Provide schedules 14 days in advance. Compensation for schedule changes within the 14-day notice period. Minimum 11-hour rest period; if less, pay at 1.5 times regular rate.
Los Angeles, CA, since April 1, 2023	Retail businesses with 300+ employees globally, including franchises.	Provide schedules 14 days in advance. Minimum 10-hour rest period; if less, pay at 1.5 times regular rate. Retain relevant documents, including work schedules, for at least three years.
Chicago, IL, since July 1, 2020	Employers with 100+ employees globally. Restaurants with 250+ employees and 30+ locations globally.	Provide schedules 14 days in advance. One hour of additional pay for each shift change made with less than 14 days' notice. Minimum 10-hour rest period; if less, pay at 1.25 times regular rate.
New York City, NY, since November 26, 2017	Fast-food establishments and retail employers with 20+ employees.	Provide schedules 14 days in advance. Compensation for schedule changes within the 14-day notice period. Minimum 11-hour rest period; if less, pay $100 for each instance.
Seattle, WA, since July 1, 2017	Retail and food service establishments with 500+ employees globally.	Provide schedules 14 days in advance. One hour of additional pay for each schedule change made with less than 14 days' notice. Minimum 10-hour rest period; if less, pay at 1.5 times regular rate.

States prohibiting local fair scheduling laws

Some states have enacted preemption laws that prevent local governments from implementing their own fair scheduling regulations. These states include:

Alabama
Arkansas
Georgia
Iowa
Tennessee
Wisconsin

It's essential for employers to stay informed about the specific requirements in their jurisdictions, as non-compliance can result in penalties and legal challenges.

Consulting with legal experts or utilising compliance resources can aid in navigating these varying regulations.

Navigating fair scheduling laws with Shiftbase

Complying with fair scheduling laws can be challenging for businesses. Shiftbase's employee scheduling software makes this easier: availability and contract hours sit in view while you build the schedule, and changes reach staff in the app as soon as you publish them. Features like time tracking and absence management further streamline workforce management. Experience the benefits firsthand with a 14-day free trial.