Fair Workweek

Intro to Fair Workweek?

Fair Workweek legislation represents a growing movement in labor regulation designed to provide workers, particularly those in retail, food service, and hospitality industries, with more predictable and stable work schedules. These laws, sometimes called predictive scheduling or secure scheduling laws, aim to address the challenges of inconsistent hours, last-minute schedule changes, and unpredictable income that many hourly workers face, creating a more balanced relationship between employer operational needs and employee work-life stability.

Definition of Fair Workweek

Fair Workweek refers to a set of employment laws and ordinances that regulate scheduling practices to provide employees with more predictable and stable work schedules, particularly in industries with variable staffing needs such as retail, food service, and hospitality. These laws typically include several key provisions:

• Advance Notice of Schedules: Employers must provide workers with their schedules 7-14 days in advance, depending on the specific law.
• Predictability Pay: Compensation for last-minute schedule changes, often in the form of additional hours of pay.
• Right to Rest: Minimum rest periods between shifts (often 10-12 hours) to prevent “clopening” (closing one night and opening the next morning).
• Right to Request: Formal processes for employees to request schedule accommodations without fear of retaliation.
• Access to Hours: Requirements to offer additional hours to existing part-time employees before hiring new staff.
• Record-Keeping: Obligations to maintain detailed records of schedules, changes, and related communications.

Fair Workweek laws have been enacted in various cities and states across the United States, including San Francisco, Seattle, New York City, Philadelphia, Chicago, and the state of Oregon. While the specific provisions vary by jurisdiction, the common goal is to create more stability and predictability for hourly workers while still allowing businesses reasonable flexibility to address legitimate operational needs.

It’s important to note that these laws typically apply to larger employers (often those with 20+ employees) and may have industry-specific provisions or exemptions. Some jurisdictions also exempt collective bargaining agreements that explicitly waive Fair Workweek requirements.

Importance of Fair Workweek in HR

Fair Workweek legislation has significant implications for HR practices and creates both challenges and opportunities for organizations:

Employee Wellbeing and Retention: Predictable schedules allow employees to better manage personal commitments, including childcare, education, healthcare, and second jobs. This stability reduces stress and turnover, potentially saving HR departments significant recruitment and training costs. Organizations that embrace Fair Workweek principles often see improved retention rates among hourly workers.

Compliance Management: HR departments must develop robust systems to ensure compliance with increasingly complex scheduling regulations across multiple jurisdictions. Failure to comply can result in substantial penalties, legal actions, and reputational damage. This requires coordination between HR, operations, and legal teams to develop compliant scheduling policies.

Scheduling Technology Integration: To meet Fair Workweek requirements, many organizations need to implement or upgrade workforce management systems that can handle advanced scheduling features like minimum rest periods, shift change notifications, and predictability pay calculations. HR plays a crucial role in selecting and implementing these technologies.

Data Collection and Reporting: Fair Workweek laws typically include strict record-keeping requirements. HR must establish processes to track schedules, changes, employee preferences, and related communications. This data is essential not only for compliance but also for analyzing scheduling patterns to improve future workforce planning.

Manager Training and Change Management: Supervisors accustomed to making last-minute schedule changes need training on new protocols and the importance of advance planning. HR departments must develop comprehensive training programs and change management strategies to help shift organizational culture toward more predictable scheduling practices while still meeting business needs.

Policy Development and Communication: HR must develop clear policies aligned with relevant Fair Workweek laws, including processes for handling scheduling preferences, communicating changes, and calculating predictability pay. These policies must be effectively communicated to both managers and employees, often across diverse working days and shifts.

Examples of Fair Workweek

Here are three practical examples illustrating how Fair Workweek regulations impact different workplace scenarios:

Example 1: Retail Schedule Change and Predictability Pay
A national clothing retailer operates stores in Chicago, where Fair Workweek ordinances apply. The company publishes employee schedules 14 days in advance as required. Three days before a scheduled shift, the store manager realizes that a planned promotional event will require additional staffing and asks employee Maria to extend her 4-hour shift to 8 hours. Under Chicago’s Fair Workweek ordinance, because this change occurs with less than 10 days’ notice, Maria is entitled to one hour of predictability pay (at her regular rate) in addition to being paid for the extra hours worked. If Maria had declined the additional hours, no penalty would apply. The HR department’s workforce management system automatically calculates and applies this predictability pay when the manager logs the schedule change, ensuring compliance without requiring manual tracking.

Example 2: Restaurant Employee Right to Rest
A restaurant in Seattle schedules server Jason to close on Tuesday night (ending at 11:30 PM) and then open on Wednesday morning (starting at 8:00 AM). This schedule would provide only 8.5 hours between shifts. Seattle’s Secure Scheduling Ordinance requires a minimum of 10 hours between shifts, and if an employee works with less rest time, they must be paid time-and-a-half for the hours that fall within that rest period. The restaurant’s HR team has implemented an alert system in their scheduling software that flags such “clopening” situations before schedules are published. In this case, the system alerts the scheduling manager, who then adjusts Jason’s Wednesday shift to start at 9:30 AM instead, ensuring compliance with the right to rest provision while still meeting the restaurant’s staffing needs.

Example 3: Hotel Access to Hours Provision
A boutique hotel in Philadelphia needs additional housekeeping coverage due to increased occupancy. Before Fair Workweek legislation, the manager might have simply hired temporary staff. However, Philadelphia’s Fair Workweek law requires employers to offer additional hours to existing part-time employees before hiring new staff. The hotel’s HR department has implemented a system where they first notify all qualified part-time housekeeping staff about additional available shifts, documenting these offers through their workforce management platform. Only after existing staff have had the opportunity to claim these hours (and if hours remain uncovered) does the hotel proceed with hiring additional staff. This approach not only ensures compliance but also provides existing employees with opportunities to increase their hours and earnings if they desire, often leading to higher employee satisfaction and bi-weekly pay stability.

How HRMS platforms like Asanify support Fair Workweek

Modern HRMS platforms like Asanify provide comprehensive tools to help organizations manage the complexities of Fair Workweek compliance:

Automated Schedule Generation: Advanced HRMS systems offer intelligent scheduling tools that create compliant schedules, respecting minimum rest periods, employee preferences, and required advance notice periods. These systems can account for variables like full-time hours requirements, skill sets, and historical demand patterns while maintaining Fair Workweek compliance.

Schedule Distribution and Notification: HRMS platforms enable timely distribution of schedules through multiple channels, including mobile apps, email, and SMS. They can automatically track when schedules were published and notify employees of any changes, maintaining the required advance notice documentation.

Change Management and Predictability Pay: When schedule changes become necessary, HRMS systems can automatically calculate required predictability pay based on the specific jurisdiction’s requirements. They can also track employee consent to changes and maintain comprehensive audit trails of all schedule modifications.

Employee Preference Tracking: These platforms provide structured ways for employees to submit scheduling preferences, availability, and time-off requests. This data helps organizations create schedules that better accommodate employee needs while still meeting business requirements.

Hours Distribution and Access: HRMS systems can identify part-time employees eligible for additional hours before new hiring occurs, facilitating compliance with “access to hours” provisions. They can automate the process of offering and assigning these additional shifts.

Multi-jurisdiction Compliance: For organizations operating across multiple locations, HRMS platforms can manage different Fair Workweek requirements by jurisdiction, applying the correct rules based on work location. This capability is particularly valuable for retailers, restaurant chains, and hospitality groups with national footprints.

Documentation and Reporting: HRMS platforms maintain comprehensive records of all scheduling activities, changes, employee communications, and consent documentation. They can generate compliance reports for internal audits and regulatory inquiries, providing evidence of Fair Workweek adherence.

FAQs about Fair Workweek

Which jurisdictions currently have Fair Workweek laws?

Fair Workweek laws have been enacted in several major U.S. cities and states, with new legislation regularly being considered. As of 2023, jurisdictions with some form of Fair Workweek or predictive scheduling laws include San Francisco, Emeryville, San Jose, and Los Angeles in California; Seattle, Washington; New York City; Philadelphia, Pennsylvania; Chicago, Illinois; and the state of Oregon. Each jurisdiction has its own specific provisions regarding advance notice periods, predictability pay rates, covered industries, and employer size thresholds. The movement continues to gain momentum, with additional cities and states considering similar legislation. Organizations operating in multiple locations should regularly monitor legislative developments, as compliance requirements can vary significantly between jurisdictions and are subject to change as laws are amended or newly enacted.

How much notice must employers give when publishing schedules under Fair Workweek laws?

The required advance notice for publishing work schedules varies by jurisdiction. Most Fair Workweek laws require between 7 and 14 days of advance notice. For example, Chicago and Philadelphia require 14 days’ notice, while Seattle and Oregon require 14 days’ notice. New York City initially required 72 hours but increased this to 14 days. The advance notice period typically begins when the schedule is published and made available to employees, not when individual employees view it. Most laws require that schedules be posted in accessible locations and/or provided directly to employees through physical or electronic means. Some jurisdictions also require employers to provide good faith estimates of expected hours and schedules during the hiring process, sometimes extending several weeks or months into the future.

What penalties do employers face for non-compliance with Fair Workweek laws?

Penalties for Fair Workweek violations can be substantial and typically include several components. Most jurisdictions impose fines per affected employee per violation, ranging from $200 to $2,500, with higher penalties for repeat violations. For example, Philadelphia imposes $200-$500 per affected employee for the first violation, increasing to $1,000 for subsequent violations. Beyond fines, employers may be required to pay “predictability pay” directly to affected employees when schedules change without proper notice, typically 1-4 hours of pay at the employee’s regular rate. Employees can also pursue private rights of action in many jurisdictions, potentially resulting in back pay, reinstatement, legal fees, and additional damages. Some laws also authorize regulatory agencies to order remedial measures such as compliance monitoring, manager training, or revised policies.

Are there any exceptions to Fair Workweek requirements?

Yes, Fair Workweek laws typically include several exceptions to provide flexibility for legitimate business needs. Common exceptions include: (1) Employee-initiated changes, where workers voluntarily swap shifts or request schedule modifications; (2) Force majeure events such as natural disasters, utility failures, or public safety emergencies; (3) Mutually agreed-upon changes that employees explicitly consent to without coercion; (4) Operational changes due to the voluntary departure of another employee with less than seven days’ notice; and (5) Substantial changes in business operations, such as the cancellation of a large catering event due to customer action. Many jurisdictions also exempt small businesses below certain employee thresholds (often 20-50 employees) and may provide industry-specific exceptions. Additionally, most laws allow collective bargaining agreements to waive Fair Workweek provisions if explicitly stated in the agreement.

How do Fair Workweek laws interact with overtime regulations?

Fair Workweek laws operate alongside, not in place of, existing overtime regulations, creating a complex compliance landscape. Employers must separately track and comply with both sets of requirements. For example, predictability pay for schedule changes under Fair Workweek laws is separate from overtime premium pay for hours worked over 40 in a week (or 8 in a day in some states). An employee might be entitled to both overtime pay for exceeding hour thresholds and predictability pay if those hours were added without sufficient notice. Additionally, right-to-rest provisions in Fair Workweek laws may effectively limit available overtime opportunities in certain circumstances, as they restrict scheduling across consecutive days. Most Fair Workweek laws explicitly state that they don’t modify, supersede, or preempt overtime laws, meaning employers can’t use compliance with one set of regulations as a defense for violating the other.