What is predictive scheduling?
Predictive scheduling — also called “fair workweek” — refers to laws that require employers to give employees advance notice of their work schedules and to pay a premium (“predictability pay”) when shifts are added, changed, or cancelled on short notice.
These laws are a response to unpredictable “just-in-time” scheduling that makes it hard for hourly workers to plan their lives. They typically require posting schedules a set number of days ahead (often 14), paying extra when the employer changes a posted shift, offering a minimum rest period between shifts, and offering available hours to existing staff before hiring.
Predictive-scheduling laws are local rather than federal. Cities and states including Oregon (statewide), San Francisco, New York City, Chicago, Philadelphia, Seattle, and others have versions, and they often target large retail and food-service employers specifically.
For operators, compliance comes down to publishing schedules early and minimizing last-minute changes — which is easier with software that posts schedules in advance, tracks changes, and warns when a change would trigger predictability pay.
Restaurant example
Under a 14-day-notice law, a restaurant posts the schedule two weeks out. If a manager later adds a shift with only three days’ notice, the employee may be owed an extra hour of “predictability pay” on top of wages for that shift.
Frequently asked questions
Which cities have predictive scheduling laws?
Oregon has a statewide law, and cities including San Francisco, New York City, Chicago, Philadelphia, Seattle, and others have fair-workweek ordinances. Coverage and thresholds vary, so check the specific jurisdiction.
What is predictability pay?
Predictability pay is extra compensation an employer owes when it changes a posted schedule on short notice — for example, an additional hour of pay for adding hours, or partial pay for cancelling a scheduled shift. The exact amount is set by each local law.
Related terms
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