Running restaurants in NYC, San Francisco, or Chicago? This one’s for you.
If you’ve ever had to update a schedule after it was posted or find someone to cover a shift on short notice, Fair Workweek laws may already apply to your operations. These local labor rules are designed to provide more predictability for employees, and they’re expanding to new markets each year. If your restaurant operates in a location where these laws are active, staying compliant is essential.
Understand What Fair Workweek Laws Require
Fair Workweek, also known as predictive scheduling, refers to labor laws that require employers to give employees advance notice of their schedules, usually at least two weeks. If schedules are changed after the deadline, employees may be entitled to additional pay. These laws often include other requirements, such as guaranteed rest periods between shifts, the right to decline added hours, and offering additional shifts to existing employees before hiring new staff.
Know Where These Laws Are Enforced
Fair Workweek laws are currently enforced in several major cities, including New York City, San Francisco, LosAngeles, Chicago, Philadelphia, Seattle, Berkeley, and Emeryville. The state of Oregon has passed a statewide version of the law. While the specific requirements vary by location, the underlying expectations are consistent: employers must be transparent, organized, and proactive when it comes to employee scheduling.
Alternate Names for Fair Workweek Laws
Fair Workweek regulations go by different names depending on the city or state. Including these terms in your compliance research can help you find the most accurate local guidance:
- Predictive Scheduling – Oregon
- Secure Scheduling – Seattle, WA
- Formula Retail Employee Rights Ordinance – San Francisco, CA
- Opportunity to Work – San Jose, CA
- Fair Work Week – Los Angeles and Berkeley, CA
- Regular Schedule – New York City (Fast Food)
While the terminology changes, the core principles are the same. No matter the name or location, these laws share a core set of requirements that restaurant operators should understand and plan for. Below are the 13 most common rules you’re likely to encounter.
13 Common Fair Workweek Requirements for Restaurants
Note: These laws vary by city and state, and they can change often. This overview is for general informational purposes only. Always confirm your local requirements with a qualified legal advisor before making scheduling or payroll decisions.
- Good Faith Estimate of Hours.
Provide a written forecast at hire, including average weekly hours for the first 90 days, whether on‑call shifts are likely, and typical or guaranteed days/times off.
- Posting Schedules in Advance
Publish schedules at least 14 days before the first shift to avoid penalties or premium pay obligations.
- Advance Notice for Schedule Changes
Notify employees of changes within the legally required window. Late changes may require extra pay, and in some jurisdictions, employees can decline them.
- Consent for Schedule Changes
In many jurisdictions, employees must give documented consent before working hours added inside the advance notice period. This is separate from predictability pay requirements and ensures employees have the choice to accept or decline added work.
- Predictability Pay
If shifts are added, cut, or extended after the posting deadline, pay the required schedule change premium.
- Right to Request Preferred Schedules
Employees can request specific shifts, days, or locations without fear of retaliation.
- Rest Between Shifts (“Clopening” Rules)
Back‑to‑back closing and opening shifts may require a minimum rest period (e.g., 9–11 hours) or employee consent with premium pay.
- Offer Open Shifts Internally
Present available shifts to current staff before hiring externally or using temp labor.
- Recordkeeping
Maintain detailed records of schedules, changes, consents, and hours worked—often for three years or more.
- Limits On‑Call Shifts
Some cities prohibit on‑call scheduling, while others require partial pay for unused on‑call shifts.
- Equal Treatment for Part‑Time Employees
Certain jurisdictions mandate equal hourly rates, proportional benefits, and promotion opportunities for part‑time staff.
- Posting Employee Rights Notices
Display official Fair Workweek notices in visible locations, in English and any other language spoken by a set percentage of employees.
- Exceptions and Emergency Provisions
Natural disasters, power outages, or severe weather may exempt employers from predictability pay, but rules differ by location.
Follow the Rules That Apply to Your Business
If you're operating in a jurisdiction with Fair Workweek laws, you’ll need to post schedules at least 14 days in advance. You must also track and document any changes, capture written consent when employees agree to schedule adjustments or back-to-back shifts, and calculate any applicable premiums. Additionally, you’re expected to offer open shifts to your existing team before making new hires. Proper recordkeeping is critical.
Use Forte to Stay Compliant with Confidence
Forte combines smart workflows and scheduling tools to help restaurants meet labor compliance requirements without adding extra administrative work.
On the workflows side, rule‑based automations check for overtime, break penalties, tip calculations, and other payroll rules before payroll is processed. This reduces manual review and ensures compliance issues are caught early. All approvals, adjustments, and payroll readiness statuses are stored in one place, making it easier to maintain accurate records.
On the scheduling side, Forte lets you build compliance into your shifts from the start. You can set and apply break and overtime rules for each location based on local labor laws, helping you avoid violations before schedules are posted. Labor targets and forecast data keep staffing in line with operational needs, while consistent rule enforcement helps to ensure every location follows the right requirements for its jurisdiction.