• What is Fair Workweek?
• Who is covered by Fair Workweek?
• What are the main requirements of Fair Workweek laws?
  • Good Faith Estimates
  • Advance notice of work schedules
  • Consent for changes to the work schedule 
  • Predictability Pay
  • Clopening / Right to Rest
  • Access to Hours
  • Record of Compliance
• 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: 

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, 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

Predictability Pay

Also known as compensation for work schedule changes in Orego and Seattle.

• 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? 

Tip: click on the purple check in the table below to find more help for each requirement in your region.

	Good Faith Estimates	Advance notice of work schedules	Consent to work schedule changes	Predictability Pay	Clopening / Right to Rest	Access to Hours	Record of Compliance
New York City (Fast Food)
New York City (Retail)
Los Angeles
San Francisco
Oregon
Chicago, IL
Seattle, WA
Philadelphia, PA
Berkeley, CA
Emeryville, CA
Evanston, IL
San Jose, CA

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:

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.