Fair Workweek

What Is Fair Workweek?

Fair workweek refers to a set of labor laws designed to provide hourly workers with more predictable, stable work schedules. These laws typically combine several protections: advance schedule notice, premium pay for last-minute changes, minimum rest periods between shifts, and access to additional hours before new hires are brought on.

The term "fair workweek" is often used interchangeably with "predictive scheduling," though fair workweek generally describes a more comprehensive approach that addresses multiple aspects of scheduling practices, not just advance notice.

The Fair Workweek Movement

The fair workweek movement emerged from research showing that unpredictable schedules harm workers in measurable ways:

Impact on Workers

Issue	Impact
Income instability	41% of hourly workers report irregular schedules cause financial hardship
Health effects	Workers with variable schedules report higher rates of stress and sleep problems
Family strain	Unpredictable hours make childcare nearly impossible to arrange
Career limitations	Cannot pursue education or second jobs without schedule certainty
Turnover	Employees leave for jobs with more predictable hours

Research Findings

Studies have documented that fair workweek laws benefit both workers and businesses:

• Workers report improved well-being and reduced stress
• Businesses see lower turnover and reduced training costs
• Customer service improves with more experienced, stable workforce
• Schedule stability does not negatively impact business operations

California Fair Workweek Ordinances

Several California cities have enacted fair workweek legislation:

San Francisco (2014-2015)

San Francisco led the nation with the Formula Retail Employee Rights Ordinances:

Retail Workers Bill of Rights (November 2014):

• Right to full-time work after 2 years of employment
• Equal treatment for part-time workers
• Access to additional hours before new hires

Predictable Scheduling (July 2015):

• 14 days advance schedule notice
• Premium pay for schedule changes
• Right to decline shifts scheduled less than 11 hours apart
• Good faith schedule estimate at hire

Emeryville (2017)

The Emeryville Fair Workweek Ordinance covers retail and fast food workers:

Provision	Requirement
Advance notice	14 days minimum
Good faith estimate	At hire, in writing
Access to hours	Offer to existing employees first
Right to rest	Cannot schedule clopening without consent
Record retention	4 years
Effective date	July 1, 2017

Los Angeles (2023)

The Los Angeles Fair Work Week Ordinance expanded protections significantly:

Provision	Requirement
Covered employers	Retail with 300+ employees globally
Advance notice	14 days
Predictability pay	1-4 hours depending on change type
Right to rest	10 hours between shifts
Access to hours	Existing employees first
Effective date	April 1, 2023

Core Components of Fair Workweek Laws

1. Advance Schedule Notice

The foundation of fair workweek laws is the requirement to post schedules ahead of time:

Standard requirements:

• Schedules posted 14 days before the start of the schedule period
• Must include all shifts with start/end times
• Posted in accessible location and provided to each employee
• Electronic delivery permitted with employee consent

Why 14 days?

• Allows workers to arrange childcare
• Enables planning for second jobs or education
• Provides time to address conflicts before they become last-minute problems
• Balances worker needs with business operational requirements

2. Predictability Pay

When employers change schedules after posting, workers receive additional compensation:

Typical predictability pay structure:

Change Type	Notice Period	Premium
Add hours to shift	Any time after posting	1 hour pay
Change shift time	Any time after posting	1 hour pay
Reduce/cancel shift	72+ hours notice	No premium
Reduce/cancel shift	24-72 hours notice	Half scheduled pay
Reduce/cancel shift	Less than 24 hours	Full scheduled pay

Purpose of predictability pay:

• Creates financial disincentive for last-minute changes
• Compensates workers for disruption to their plans
• Encourages better advance planning by employers
• Shifts scheduling burden from workers to management

3. Right to Rest

Fair workweek laws address the clopening problem by requiring minimum rest between shifts:

Standard provisions:

• 10-11 hours of rest required between shifts
• Employees may voluntarily waive with written consent
• Premium pay if rest period is shortened without consent
• Consent must be obtained for each instance or ongoing agreement

Example calculation:

• Shift ends: 11:00 PM Saturday
• Required rest: 11 hours
• Earliest next shift: 10:00 AM Sunday
• If scheduled earlier without consent: Premium pay required

4. Good Faith Estimate

At the time of hire, employers must provide:

• Expected weekly hours: Typical number of hours the employee will work
• Expected schedule: Days and times work is anticipated
• Expected location: Where the employee will work
• On-call requirements: Whether on-call shifts may be required

This estimate helps workers understand what they're committing to and provides a benchmark for evaluating actual schedules.

5. Access to Hours

Before hiring new employees or using temporary workers, employers must:

1. Post available shifts in a conspicuous location
2. Allow expression of interest from current employees
3. Offer hours to qualified employees before external hiring
4. Document decisions when new hires receive hours instead

This prevents the practice of keeping workers part-time while constantly hiring new staff.

6. Anti-Retaliation Protections

Fair workweek laws prohibit employers from retaliating against workers who:

• Request or use their fair workweek rights
• File complaints about violations
• Participate in investigations
• Inform others about their rights

Protected activities include reducing hours, changing shifts, discipline, termination, or other adverse actions.

Who Is Covered?

Employer Coverage

Fair workweek laws typically target large employers in specific industries:

City	Industry	Size Threshold
San Francisco	Formula retail	40+ worldwide, 20+ in SF
Emeryville	Retail and fast food	56+ worldwide, 20+ in city
Los Angeles	Retail	300+ worldwide

Why these thresholds?

• Large employers have resources for compliance
• Chain retailers more likely to use sophisticated (but worker-unfriendly) scheduling
• Exempts small local businesses from compliance burden

Employee Coverage

Not every worker at a covered employer receives protections:

Generally covered:

• Hourly employees
• Part-time workers
• Employees paid below a salary threshold
• Workers who perform most work in the covered city

Often excluded:

• Salaried exempt employees
• Management with scheduling authority
• Employees earning above specified thresholds (e.g., 2x minimum wage)
• Workers during initial probationary periods

Geographic Scope

Coverage is based on where work is performed:

• Employee must work primarily within city boundaries
• Remote workers may not be covered
• Mobile workers evaluated by predominant work location
• Multi-location employers must track employee work locations

Compliance Framework

Creating Compliant Schedules

Timeline for schedule development:

Weeks Before Schedule	Action
4+ weeks	Begin gathering staffing needs, employee availability
3 weeks	Draft preliminary schedule
2.5 weeks	Review for compliance issues
2 weeks	Post and distribute final schedule
Ongoing	Document any changes with required premiums

Required Written Notices

Employers must provide several written notices:

At hire:

• Good faith estimate of hours
• Notice of fair workweek rights
• Copy of relevant ordinance provisions

Ongoing:

• Posted schedule
• Notice of schedule changes
• Record of predictability pay owed
• Notice of available shifts (access to hours)

Record Retention

Employers must maintain records for 3-4 years:

• All schedules posted
• Good faith estimates
• Schedule change documentation
• Predictability pay records
• Written waivers for rest period
• Access to hours postings and responses
• Training records

Calculating Fair Workweek Premiums

Example 1: Multiple Schedule Changes

Employee scheduled:

• Monday: 9am-3pm (6 hours)
• Tuesday: Off
• Wednesday: 12pm-6pm (6 hours)

Changes made on Friday before schedule week:

• Monday: Cancelled (less than 72 hours notice) = 3 hours premium (half of 6)
• Tuesday: Added 10am-4pm shift = 1 hour premium
• Wednesday: Changed to 10am-4pm = 1 hour premium

Total predictability pay owed: 5 hours

Example 2: Employee-Initiated Changes

If the employee requests a change:

• No predictability pay required
• Must document that change was employee-initiated
• Document must be signed by employee
• Cannot be coerced or required as condition of employment

Example 3: Rest Period Violation

Employee works:

• Saturday: 4pm-11pm (7 hours)
• Scheduled Sunday: 7am-2pm (7 hours)

Rest period analysis:

• Shift ends: 11pm Saturday
• Next shift starts: 7am Sunday
• Hours between: 8 hours
• Required rest: 10 hours
• Shortage: 2 hours

Premium owed: Time-and-a-half for Sunday shift hours (10.5 hours pay for 7 hours work)

Best Practices for Employers

Building a Compliant Culture

1. Lead with values: Frame fair scheduling as respect for workers, not just compliance
2. Train all managers: Everyone involved in scheduling must understand requirements
3. Empower employees: Give workers tools to indicate availability and preferences
4. Measure and improve: Track schedule stability metrics

Operational Strategies

Reducing schedule changes:

• Build in flexibility with trained cross-functional staff
• Use historical data to predict demand accurately
• Create "float" positions for covering absences
• Maintain relationships with workers who want extra hours

When changes are necessary:

• Offer changes to volunteers first
• Compensate properly when non-volunteer changes occur
• Document everything contemporaneously
• Learn from patterns to prevent future changes

Technology Solutions

Modern workforce scheduling software supports fair workweek compliance:

• Automatic advance posting reminders
• Compliance checking before schedule finalization
• Predictability pay calculations
• Digital acknowledgment tracking
• Rest period violation alerts
• Access to hours posting workflows
• Audit-ready record retention

Penalties and Enforcement

Administrative Penalties

City	Penalty Structure
San Francisco	Up to $500 per employee per violation
Emeryville	Up to $1,000 per violation
Los Angeles	Up to $500 per violation

Private Lawsuits

Employees can sue for:

• Unpaid predictability pay
• Damages for scheduling violations
• Penalties under the ordinances
• Attorney's fees and costs
• Injunctive relief

Enforcement Agencies

• San Francisco Office of Labor Standards Enforcement
• City of Emeryville staff
• Los Angeles Office of Wage Standards

Future of Fair Workweek Laws

Expansion Trends

Fair workweek laws continue to spread:

States with statewide laws:

• Oregon (2018)
• Vermont (2023 - limited)

Cities with ordinances:

• San Francisco, Emeryville, Los Angeles (California)
• Seattle (Washington)
• New York City (New York)
• Philadelphia (Pennsylvania)
• Chicago (Illinois)

California Legislative Outlook

Several factors suggest California may eventually pass statewide fair workweek legislation:

• Strong labor advocacy presence
• Multiple successful local ordinances proving workability
• Growing awareness of scheduling impacts on workers
• Pattern of state adoption following city innovation

Employers should prepare for potential expansion by implementing compliant practices now.