Predictable scheduling laws
Program overview
Increasing worker stability and benefits: Predictable scheduling laws (also known as “fair workweek” laws) require businesses to provide hourly workers with schedules at least 14 days in advance. If unable to comply, these businesses must pay a wage premium to workers given short-term notice of schedule changes. The laws aim to support the well-being of workers by promoting stable work schedules and reducing material hardship.
Targeted support for vulnerable workers: Fair workweek laws primarily target low-wage workers at large fast-food restaurants and retail chains who are most vulnerable to exploitative labor practices. Typically, covered businesses have at least 500 workers worldwide, or at least 20 workers in the local jurisdiction.
Compensating workers for scheduling instability: When employers change workers’ schedules with less than two weeks notice, they are required to pay impacted workers premium pay, which often ranges from $10-$75 per change. Premium pay also frequently applies to “clopenings,” wherein a worker is scheduled to close and open a restaurant within 11 hours.
Local implementation and enforcement: Predictable scheduling laws are passed and enforced by local governments, with enforcement agencies typically housed in mayoral offices. Typically, impacted employees must file a report of wrongdoing to their local enforcement agency and participate in an investigation. Some filings may also conclude in private settlements.
Reinforcing worker protection: Predictable scheduling laws often include additional measures to protect workers. Common examples include provisions that help workers increase their hours (such as a requirement that employers offer shifts to existing staff before hiring new employees) and avoid termination (such as “just cause” provisions that require written warnings and retraining before firing).
- Strategies
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Protecting worker well-being
- Cost per Participant
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Not available
Two studies with less-rigorous designs provide some evidence for predictable scheduling laws as a strategy to promote worker well-being.
A 2022 quasi-experimental study found that workers covered by predictable scheduling laws in Emeryville, CA saw a decline in surprise shifts of almost 2 percentage points. The study also found a statistically-significant reduction in the number of days worked, while the total number of hours worked remained constant.
A 2021 quasi-experimental study found that a predictable scheduling law in Seattle, WA was associated with a 10 percentage point reduction in self-reported material hardship (such as housing or food insecurity) and an increase in job satisfaction of nearly 8 percentage points.
Strengthen enforcement capacity: Implementation of predictable scheduling laws requires significant investment in the enforcement capacity of governing agencies. This includes staff time to support outreach, investigate claims, address legal concerns, and more. The local government's ability to quickly process and investigate claims is often decisive in the success of predictable scheduling laws.
Raise awareness: Given that enforcement of the predictable scheduling laws depends on employee reporting, it is crucial to develop a robust marketing and awareness campaign to ensure that workers know their rights. This should include traditional advertising (such as in bus shelters), as well as direct, in-person events and presentations delivered to workers and employers. Priority should also be given to translating outreach materials into languages that are commonly spoken in the jurisdiction.
Cooperate with employers: Predictable scheduling laws should take into consideration concerns from local employers. This may include instituting graduated premium pay requirements to lessen penalties for infrequent schedule changes while still maintaining a sufficient penalty for repeat offenders. Other considerations may include permitting employers to create a voluntary standby list, where workers can claim last-minute shifts or extra hours.
Consider supplemental supports for workers: Local governments should consider including additional measures to predictable scheduling laws that combat underemployment and unemployment. Examples include increasing workers’ access to a full-time schedule by requiring employers to offer available shifts to current employees before hiring, as well as restricting terminations by requiring a legitimate business reason for firing someone.
