- What is Fair Workweek?
- Who is covered by Fair Workweek?
- What are the main requirements of Fair Workweek laws?
- Which Fair Workweek requirements apply to each region?
- How does Deputy help organisations with Fair Workweek?
What is Fair Workweek?
Fair Workweek is a series of laws in the US that are designed to help employees in certain industries such as retail, hospitality, and fast food, by providing predictable stable work schedules and access to full time hours.
Fair Workweek is also known as:
- Predictive Scheduling in Oregon;
- Secure Scheduling in Seattle;
- Formula Retail Employee Rights Ordinance in San Francisco;
- Opportunity to Work in San Jose; and
- Fair Work Week in Los Angeles and Berkeley.
Who is covered by Fair Workweek?
Fair Workweek applies to a select list of cities and states in the US that is rapidly growing, and is focused on common shift worker industries such as (but not limited to):
- fast-food and restaurant chains;
- retail chains; and
- hospitality businesses.
Refer to this guideline on whether Fair Workweek laws could apply to your business:
|Minimum number of locations or employees
|New York City (Fast Food)
|Fast Food Chains (including Franchises)
30+ locations nationwide
If the total number of a franchise brand’s fast food establishments is greater than 30, separately owned franchises must comply with the law.
|New York City (Retail)
20+ employees who work in retail stores in New York City
|City of Los Angeles
|300+ employees worldwide
|City of San Francisco
Retail, Food Services, Gyms, Financial Services and select Hospitality businesses
20+ employees in San Francisco (excluding white collar exempt employees); and
40+ locations worldwide
|Retail, Hospitality and Food Services
|500+ employees worldwide (excluding exempt employees, employees provided worker leasing companies, and employees whose primary duties do not relate to retail, hospitality, or food service operations)
|City of Chicago, IL
Restaurants, Retail, Building Services, Healthcare, Hotel, Manufacturing, and Warehouse services
250+ employees worldwide and 30+ locations worldwide
250+ employees worldwide
50+ Covered Employees (defined as an employee as opposed to a contractor, spending a majority of their time working in Chicago, performing a majority of their work in a Covered Industry, and earning less than or equal to $50,000 in salary or $26 per hour)
|City of Seattle, WA
|Retail, Restaurants, and Fast Food
500+ employees worldwide (including all franchisees)
Full-service restaurants only: Must also have 40+ full-service restaurants worldwide
|City of Philadelphia, PA
|Retail, Hospitality, Restaurants, and Fast Food
250+ employees worldwide; and
30+ locations worldwide (including chains and franchises)
|City of Euless, TX
|All industries except hospitals and public agencies
|City of Berkeley, CA
City of Berkeley; and
Restaurants, Building services, Healthcare, Hotel, Manufacturing, Retail, and Warehouse services
Restaurants, retail franchisees and nonprofits:
100+ employees worldwide including 10+ in Berkeley
Retailers (not franchisees), building services, healthcare, hotel, manufacturing, and warehouse services:
56+ employees worldwide including 10+ in Berkeley
|City of Emeryville, CA
|Retail and Fast Food
56+ nonexempt employees worldwide
56+ nonexempt employees worldwide including 20+ employees in Emeryville
Franchisees associated with a franchisor or a network of franchises with more than 12 locations globally are also covered.
City of Evanston, IL
Fast Food, Restaurants, Hospitality, Retail, Warehouse Services, Landscape Services, Manufacturing, and Building Services
Food services and restaurants:
200+ nonexempt employees and 30+ locations worldwide
100+ nonexempt employees worldwide
City of San Jose, CA
|All industries, excluding hospitals
|36+ nonexempt employees in San Jose
For the most up-to-date information on the US regions where Deputy can assist with complying with Fair Workweek see the table below.
What are the main requirements of Fair Workweek laws?
There are similar Fair Workweek requirements across different US regions. To understand which of the following requirements apply in your region, see the table below.
Good Faith Estimates
Also known as Regular Schedule in New York City (Fast Food).
- At the point of hire, employers must provide employees a fair estimate of where, when and how often employees can expect work
- In some regions, employees can decline shifts that are not scheduled to within a percentage of the Good Faith Estimate
Advance notice of work schedules
Also known as Advance Scheduling in New York City (Fast Food).
- Schedules must be shared with employees ahead of the advance notice period (e.g. 14 days before the start of a work period in Los Angeles)
- Manager-initiated changes within the advance notice period require employee consent. Even if employees consent to these changes, they require Predictability Pay
Consent for changes to the work schedule
Also known as right to decline hours in Oregon, Chicago, Seattle, Philadelphia, Euless, Berkeley, Emeryville, Evanston and San Jose.
- Employees have the right to decline any hours added to their schedule within the advance notice period
- Exceptions can include employee-initiated shift swaps and unexpected emergencies
Also known as compensation for work schedule changes in Oregon, Seattle and Euless.
- Employees must be paid Predictability Pay for any changes to their schedule made within the advance notice period
- Can include changes to day, start time, or duration of shifts, creation of new shifts or cancellation of existing shifts
- Exceptions include employee-requested changes or shift swaps, and in some regions, de minimis changes (e.g. less than 15 minutes)
Clopening / Right to Rest
- Employers must provide adequate rest between one shift finishing and the next shift starting (e.g. 10 hours)
- Employees have the right to decline clopening shifts. They are entitled to Predictability Pay if clopening shifts are worked
Access to Hours
Also known as offer of work to existing employees in Los Angeles, Chicago, Philadelphia, Berkley, Emeryville, Evanston and opportunity to work in San Jose.
- Employers must provide existing part-time employees with the opportunity to pick up newly available hours or shifts before the employer hires additional staff
Record of Compliance
- Employers must maintain records documenting compliance with Fair Workweek laws
Which Fair Workweek requirements apply to each region?
How does Deputy help businesses with Fair Workweek requirements?
These are the main areas where Deputy can help covered employers comply with Fair Workweek:
- Ensuring shift workers have a predetermined schedule
- Warning for schedule actions that require employee consent or Predictability Pay
- Assisting with collecting consent for changes to a planned work schedule
- Application of Predictability Pay if schedules are changed
- Reporting and tracking of the above processes
For more information on how Deputy can assist with Fair Workweek in your region please see the table below:
|Help with setting up FWW in Deputy for your region
New York City (Fast Food)
New York City (Retail)
|Setting up Fair Workweek (Predictive Scheduling) in Deputy - Oregon
|San Jose, CA
Looking for US pay rules not covered by Fair Workweek? We have an extensive library of pay rates for other US regions.
While Deputy is designed to simplify shift work by reducing the time required to apply the relevant Legal Requirements through automation, it is not a substitute for payroll or legal advice, nor is it intended to relieve you of your obligation to comply with the Legal Requirements applicable to your business. It is ultimately each customer’s sole responsibility to pay its employees correctly and in compliance with all Legal Requirements. Please review our Product Specific Terms for more information about your compliance responsibilities.