A schedule change inside the notice window has a price. Which move you made decides the price.

Fair workweek laws do not penalize change in the abstract. They price four specific employer moves, and a fifth rule prices too little rest between shifts. Here is what each trigger costs in the eight jurisdictions where we could read a figure off a government source, and what the other three do not publish.

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TL;DR

Predictability pay attaches to named employer moves inside the notice window: adding time or a shift, moving a shift without changing its length, cutting hours or canceling a shift, and leaving an on-call shift uncalled. A separate rule prices too little rest between two shifts. For a change that costs the employee no hours, the figure is one extra hour of pay almost everywhere. For a cut, two different formulas are in use and they do not produce the same bill. Eight of the eleven US jurisdictions publish the amounts. New York City, Los Angeles City and unincorporated Los Angeles County do not, and we say so rather than estimate.

Most summaries of fair workweek law answer the coverage question: which cities, which industries, what headcount. That is the wrong half for the person actually building next week's schedule. The operational question is narrower and harder. You are about to move one shift, trim another and call someone in early. Which of those three moves costs money, and how much?

Oregon answers it most cleanly, because it prices the moves separately. Add more than 30 minutes to a shift, change its date or its start or end time without costing the employee hours, or add a work or on-call shift, and the employer owes one hour of pay at the regular rate. Take hours away, and the employer owes half the regular rate for every scheduled hour the employee does not work[1][2]. Two moves, two different prices, and the second one is the one operators forget to count.

Every other jurisdiction in this post uses some version of that split. What changes is the multiplier, the notice window and the exceptions. This post is organized by trigger rather than by city, because that is the order a scheduler meets them in. For the coverage map, which employers are in scope and which are comfortably out of it, see our companion guide to predictive scheduling laws by jurisdiction.

What counts as an employer-initiated change?

Not every change to a posted schedule is a trigger. Three things have to be true at once: the change is made by the employer rather than requested by the employee, it lands inside the advance notice window, and it takes one of the shapes the statute names.

The named shapes are consistent enough across ordinances to group into four, and the grouping below is ours rather than any statute's own taxonomy:

  • Time added. Extra minutes on an existing shift, an extra shift, or an added on-call shift. Oregon sets a floor of more than 30 minutes before the premium attaches[2]. Seattle owes the premium on an addition of any amount, and allows additions of less than an hour to be pro-rated[3].
  • The shift moved but did not shrink. A different date, a different start or end time, and in Philadelphia a different location, with no loss of hours[8].
  • Hours removed. Hours subtracted from a shift, a shift canceled outright, or an employee sent home early.
  • An on-call shift that never happened. The employee held the time and was not called in.

Seattle adds a netting rule that the others leave implicit: where a single change both adds and removes time, a net addition owes one hour and a net subtraction owes half the hours not worked[3].

How much notice do you actually have before a change costs money?

The window and the posting requirement are two different obligations, and San Francisco is the reason that distinction matters. Its ordinance requires the schedule two weeks ahead, but predictability pay does not begin until notice drops below seven days[11]. Any summary that says all of these laws require 14 days is wrong about San Francisco, and wrong in the direction that costs an employer money it did not need to spend.

JurisdictionSchedule posted in advanceWhen the pay clock starts
Oregon14 calendar daysChange inside 14 days[1][2]
Seattle14 daysChange made less than 14 days before the shift starts[3][4]
San Francisco2 weeksLess than 7 days[11][12]
Chicago14 calendar daysChange inside 14 days[5][6]
Philadelphia14 days since Jan 1, 2021 (10 days before that)Change inside the notice period[8][9]
Berkeley14 daysChange inside 14 days[13]
EmeryvilleBiweekly schedule issued at least every 14 daysChange inside 14 days[15]
Evanston14 days before the first scheduled shiftChange inside 14 days[16][17]
New York City14 days fast food, 72 hours retailChange inside the notice period[18][19]
Los Angeles City14 daysChange inside 14 days[20][21]
Los Angeles County (unincorporated)14 daysChange inside 14 days[22][23]

Two of those windows have moved, and a table without dates on them misleads anyone looking backward at an old pay period. Oregon's notice period was seven days until July 1, 2020, when the amendment striking "seven" and inserting "14" became operative[2]. Philadelphia's was 10 days through December 31, 2020 and 14 days from January 1, 2021[8].

Philadelphia also contradicts itself on when the obligation started, and it is worth knowing which document to trust. The enacted ordinance text puts the 10-day period from January 1, 2020. The city's regulations and its FAQ both say compliance is required as of April 1, 2020[9][10]. We follow the regulations, and note that a competitor table showing January 2020 is reading the bill rather than the rules.

What does a short-notice change that costs no hours cost?

This is the one figure that is nearly uniform: one extra hour of pay. It applies whether the employer added time, moved the shift to a different day, or shifted its start time, as long as the employee does not lose hours.

JurisdictionEmployer adds time, or moves the shift with no hours lost
Oregon1 hour at the regular rate, for an addition of more than 30 minutes or a change of date, start or end time with no hours lost[1][2]
Seattle1 hour at the scheduled rate; additions of less than an hour may be pro-rated[3]
Chicago1 hour[6]
Philadelphia1 hour at the regular rate, including a change of location[8]
San Francisco1 hour where notice is 24 hours or more but less than 7 days. Under 24 hours: 2 hours for a shift of 4 hours or less, 4 hours for a longer shift[11]
Berkeley1 hour with 24 hours' notice or more, whatever kind of change it is; 1 hour for an added or moved shift inside 24 hours[13]
Emeryville1 hour with 24 hours' notice or more; 1 hour for changes other than a cut inside 24 hours[15]
Evanston1 hour with 24 hours' notice or more; 1 hour for changes other than a cut inside 24 hours[16]
New York CityNot published
Los Angeles CityNot published
Los Angeles County (unincorporated)Not published

Two details in that table change the arithmetic more than they look like they should. Seattle prices its premium off the scheduled rate rather than the regular rate, the only jurisdiction here that does, which matters wherever shift differentials or tips are in play[3]. And San Francisco is the only one that scales the premium by the length of the shift, so a cell reading "one to four hours" hides the rule instead of stating it[11].

What does cutting hours or canceling a shift cost?

Here the jurisdictions split into two families, and the same cut produces different bills depending on which family the store sits in.

JurisdictionHours removed, or shift canceled, inside the window
Oregon0.5× the regular rate for each scheduled hour not worked[1][2]
SeattleHalf of the hours not worked, at the scheduled rate[3]
PhiladelphiaNo less than 0.5× the regular rate per scheduled hour not worked, for a regular or an on-call shift[8]
ChicagoMore than 24 hours' notice: 1 hour. Less than 24 hours' notice: no less than 50% of the pay for those hours, or for the whole shift if the whole shift goes[6]
San Francisco24 hours to 7 days: 1 hour. Under 24 hours: 2 hours for a shift of 4 hours or less, 4 hours for a longer shift[11]
BerkeleyUnder 24 hours: 4 hours, or the number of hours reduced, whichever is less. 24 hours or more: 1 hour[13]
EmeryvilleUnder 24 hours: 4 hours, or the number of hours in the scheduled shift, whichever is less. 24 hours or more: 1 hour[15]
EvanstonUnder 24 hours: 4 hours, or the number of hours in the scheduled shift, whichever is less. 24 hours or more: 1 hour[16]
New York CityNot published
Los Angeles CityNot published
Los Angeles County (unincorporated)Not published

Run the two formulas against the same decision and the difference is plain. Send someone home six hours early on a same-day call, and Oregon's rule owes half of six, so three hours of pay[2]. Berkeley's rule owes four hours or six, whichever is fewer, so four hours of pay[13]. Cut one hour instead of six and Oregon owes half an hour while Berkeley owes the full hour. The multipliers are the cities'; the comparison is ours. The pattern it shows is that the capped-block family costs more per cut than the fractional family until the cut passes four hours, and then stops growing.

Berkeley also prices to the minute rather than rounding to the shift, with a 10-minute grace period either side and its own worked example: send someone home 15 minutes early and 15 minutes of predictability pay is owed[13]. Philadelphia's grace period is 20 minutes either side of the scheduled start or end[8].

When does an on-call shift cost money even though nobody worked it?

This is the trigger that catches operators who believe they changed nothing. Holding someone available and then not using them is a priced event in most of these ordinances.

  • Oregon. Adding an on-call shift is itself an addition and owes one hour. Hours lost from an on-call shift fall under the 0.5× rule[1][2].
  • Seattle. Where the employee is not called in, half of the on-call hours not worked, at the scheduled rate[3].
  • San Francisco. An unused on-call shift owes 2 hours for a shift of four hours or less, and 4 hours for a longer one[11].
  • Philadelphia. A canceled or shortened on-call shift is treated the same as a regular one, at no less than half the regular rate per hour not worked. The posted schedule has to show on-call status for every employee at the worksite, scheduled that week or not[8].
  • Chicago. Since June 1, 2026 the rules define an on-call shift as one where the employee has to make contact, or wait to be contacted, less than 24 hours before it starts, and require on-call shifts to appear in the advance work schedule as part of it[7].

What does too little rest between shifts cost, and does consent help?

The rest premium is a separate obligation from predictability pay, with its own window and its own multiplier. It is also the rule most often assumed to be waivable, and it usually is not.

JurisdictionRest windowPremium for hours worked inside it
Philadelphia9 hoursFlat $40 per shift[8]
Oregon10 hoursTime and a half[1][2]
Seattle10 hoursTime and a half, owed regardless of request or consent, and computed on top of a holiday or overtime rate[3]
Chicago10 hours1.25× the base rate for the entire affected shift, owed even where the employee asked for it[6][7]
Berkeley11 hoursTime and a half for each hour inside the window[13][14]
Emeryville11 hoursTime and a half, where the employee agrees in writing to work it[15]
Evanston11 hours1.5× the regular rate[16]
Los Angeles City10 hoursNot published
Los Angeles County (unincorporated)10 hoursNot published. The County prices this differently from the City[22][23]
New York CityNot publishedNot published. DCWP states that clopening premiums are owed in fast food[18][19]
San FranciscoNot found in the ordinance we readNot found in the ordinance we read[11]

Philadelphia is the outlier twice over: the shortest window at nine hours, and the only flat-dollar premium in the group. Forty dollars does not scale with the worker's wage, which makes it the cheapest rest premium here for a well-paid employee and, on a short overlap, dearer than a multiplier would be for a low-paid one[8].

Philadelphia Code § 9-4604
$40
per shift worked inside the 9-hour rest window. The only right-to-rest premium in these eleven jurisdictions set as a flat dollar amount rather than a multiple of the worker's own rate.

Chicago's version is the most expensive to get wrong, because the 1.25× rate applies to the whole shift rather than only the hours inside the 10-hour window, and the June 2026 rules state plainly that it is owed even where the employee requested or consented, that consent may be revoked at any time, and that a double shift beginning inside the window is paid at that rate for its full length[7]. Seattle's Office of Labor Standards is equally direct that its premium is owed regardless of consent, and shows the compounding with its own worked example: a $20 rate becomes $30 on a holiday, and the rest premium then applies to that, producing $45[3].

Emeryville is the exception that proves the shape. There, written agreement is what makes the shift schedulable at all, and the premium is owed on top[15]. Consent is a precondition, not a discount.

What is excepted?

The exceptions are where most real exposure lives, because they are the ones an operator assumes apply without checking the paperwork.

The employee asked for it. Employee-initiated changes are outside predictability pay, but the documentation standard is tightening. Chicago's rules as amended June 1, 2026 exempt employee-initiated additions and subtractions, use of paid leave, and mutually agreed shift trades only where the request is in writing[7]. A verbal swap between two workers, arranged in the break room and honored by the manager, is the single likeliest source of a new Chicago liability this year.

The change was quick, or it followed the posting. Philadelphia excepts changes made within 24 hours after the schedule was posted, along with a 20-minute grace period at either end of a shift and hours subtracted for a documented multi-day disciplinary suspension[8].

Something outside the employer's control happened. Philadelphia's list is unusually specific: a ticketed event canceled or rescheduled, a ticketed event whose attendance rises by 20% or more for reasons outside the employer's control, and a hotel banquet event booked outside the employer's control[8]. Evanston takes the more common route, excepting a collective bargaining waiver, acts of nature, utility failure, civil unrest and employee-initiated changes, and adding that predictability pay and hazard pay are mutually exclusive[16].

The employee accepted offered hours. Chicago's access-to-hours process, widened in 2026 to reach temporary and seasonal employees who worked two or more weeks in the previous twelve months, carries no predictability pay for shifts accepted through it, provided the offer is in writing with the five elements the rule specifies[7].

Chicago's 2026 amendment also settled the mechanics of paying the premium, which is worth reading if payroll handles it as an adjustment. Predictability pay excludes overtime, holiday and premium pay from the regular rate but includes a shift differential; it is not another hour of work and accrues no leave; it is due by the next payday; and it has to appear as its own line on the wage statement[7].

Where the numbers are not published, and who to ask

Three of the eleven jurisdictions do not give an operator a number to work with, and no amount of cross-referencing produces one honestly. We would rather print the gap than an average.

  • New York City. DCWP publishes the notice periods, 14 days for fast food and 72 hours for retail, the right to decline shifts not on the schedule, the hours-offer requirement, and the rule against firing or cutting hours by more than 15% without just cause. It states that premiums are owed for schedule changes and clopenings. We could not find the amounts on the Fair Workweek page or in the fast food FAQ. DCWP is the authority, reachable through its own complaint channel or 311[18][19].
  • Los Angeles City. The 14-day schedule and the 10-hour rest rule are published; the premium amounts are not. The Office of Wage Standards is the authority[20][21].
  • Unincorporated Los Angeles County. Same gap, and one extra reason not to borrow the City's figures even if we had them: the County's own materials indicate it prices the short-rest premium differently from the City. The Department of Consumer and Business Affairs is the authority[22][23]. Which of the two applies is decided by geography rather than by employer size, which we cover in LA County versus LA City for retail.

Two more limits belong on the record. First, we did not read Chicago's ordinance text at MCC 6-110 directly, because the city's code host blocks automated access. The Chicago figures above come from the city's own FAQ[6]. That matters because the June 2026 rules deleted the rules' restatement of the cancellation premiums while the FAQ continues to state them; the reading that the amounts live on in the ordinance itself is ours, not the City's. Anyone about to rely on a Chicago number should read MCC 6-110 first. Our Chicago guide for manufacturing and warehouse employers goes further into how that ordinance treats those two industries.

Second, Chicago publishes two different coverage thresholds today. The live city page puts a covered employee at or below $33.85 an hour or $64,945.55 a year; the city's FAQ PDF still shows $31.85 and $61,149.35, a prior year's figures[5][6]. We follow the live page. The figures re-index annually and the city's notice rules key off July 1, so check them before you rely on them.

Philadelphia has a moving number of its own that we deliberately do not quote. Where a tipped employee is paid under $7.25 an hour, the regulations set the predictability-pay rate from a published annual average of three Philadelphia food-service occupational wages, republished every June 15 and effective from July 1[9]. Any figure we printed for it would be stale within the year.

One sourcing note in the same spirit: Emeryville's own labor standards page refused automated access, so the Emeryville rules above were read from the ordinance text in the city's legislative record rather than from the city's summary of it[15]. The copy in that record carries a blank ordinance number where the clerk's final number should be, so we cite the code chapter instead of an ordinance number.

Why this is arithmetic rather than a warning light

Look at what the two cut formulas above actually demand of a system. A tool that knows a change landed inside the window can tell a scheduler that something is owed. It cannot tell them whether the number is half the hours the worker lost, or four hours, or the hours lost when that is fewer, or a flat forty dollars, unless the formula itself is part of the rule someone wrote down.

That is the reason WorkAxle's rule engine holds the arithmetic rather than a flag. Each location's rules get written once in a no-code builder: the advance-notice window, the premium formula, the rest window and its multiplier, with an effective date attached. From there the engine evaluates every schedule, shift and change against those rules while the schedule is being built, so a move that would owe predictability pay, or a shift starting inside the rest window, surfaces before the scheduler commits it. Whether that surfaces as a warning a supervisor can override with the override logged, or a hard stop, is a setting rather than a product decision we made for you. A worker's location selects its own rule pack, so a store inside the city limits and one in the unincorporated county are not the same configuration by accident. And when a threshold re-indexes on July 1, you date the change once and every site picks it up on that day, with no release cycle in between.

What software cannot do is invent a figure a city has not published. Where the number is missing, the honest workflow is a rule that flags the change, names the authority, and leaves a human to make the call. That is the same conclusion this post reaches, and it is why the gaps above are printed rather than filled.

Seattle, Emeryville, Berkeley and Evanston share a formula, an 11-hour or 10-hour rest rule and a headcount test, in that order of adoption. Emeryville's own legislative file lists Seattle's ordinance as an attachment. If a new city adopts one of these, its shape is largely predictable.

Frequently asked.

What triggers predictability pay under a fair workweek law?

An employer-initiated change to a posted schedule, made inside the advance notice window. The named triggers are adding time or an extra shift, moving a shift's date, start time, end time or location without changing its length, subtracting hours or canceling a shift, and leaving an on-call shift uncalled. A separate rule prices too little rest between two shifts. A change the employee requested is generally excepted, and in Chicago the request has to be in writing since June 1, 2026.

How much is predictability pay for a short-notice schedule change?

For a change that does not cost the employee hours, the figure is one extra hour of pay in Oregon, Seattle, Chicago, Philadelphia, Berkeley, Emeryville and Evanston. San Francisco is different: one hour where notice is at least 24 hours but less than seven days, and two or four hours where notice is under 24 hours, depending on whether the shift runs longer than four hours. Seattle prices its hour off the scheduled rate rather than the regular rate.

What does canceling a shift or cutting hours cost?

Two different formulas. Oregon, Seattle and Philadelphia owe half the pay for each scheduled hour not worked, and Chicago owes no less than 50% of the pay for the canceled hours where notice is under 24 hours. Berkeley, Emeryville and Evanston instead owe four hours of pay, or the hours removed, whichever is fewer. On the same cut the second formula produces the larger bill until the cut passes four hours.

Does an employee's consent avoid the clopening premium?

Not in the two jurisdictions that address it directly. Seattle's Office of Labor Standards states the time-and-a-half rest premium is owed regardless of request or consent. Chicago's rules, as amended June 1, 2026, state the 1.25× premium is owed even where the employee requested or consented, and that consent can be revoked at any time. Emeryville takes the opposite shape: the employee has to agree in writing before the shift can be scheduled at all, and the premium is then owed on top.

Does New York City publish a predictability pay amount?

We could not find one. The NYC Department of Consumer and Worker Protection publishes the notice periods, 14 days for fast food and 72 hours for retail, and states that premiums are owed for schedule changes and clopenings, but neither its Fair Workweek page nor its fast food FAQ states an amount we could verify. DCWP is the authority to ask. Los Angeles City and unincorporated Los Angeles County have the same gap, and we print it rather than estimate.

Do employee-requested schedule changes trigger predictability pay?

Generally no, but the exception has to be documented and the documentation standard is tightening. Chicago's rules as amended June 1, 2026 exempt employee-initiated additions and subtractions, use of paid leave, and mutually agreed shift trades only where the request is in writing. A verbal swap between two workers no longer escapes predictability pay in Chicago.

Sources

  1. Oregon Bureau of Labor and Industries. Predictive Scheduling (ORS §§ 653.412–653.485). oregon.gov. Accessed 5 August 2026.
  2. Oregon Legislative Assembly. Oregon Laws 2017, chapter 691 (SB 828, Fair Work Week Act) (PDF). oregonlegislature.gov. Accessed 5 August 2026. Session law. Source for the 30-minute addition floor, the two premium tiers, and § 16(3), which made the 14-day notice period operative 1 July 2020 in place of seven days.
  3. Seattle Office of Labor Standards. Secure Scheduling Ordinance: Questions and Answers (PDF). seattle.gov. Accessed 5 August 2026. The document states it was last updated March 2023. Source for the compensation table, the net-change rule, the scheduled-rate basis, and the compounding rest-premium example.
  4. City of Seattle. Secure Scheduling Ordinance (SMC ch. 14.22). seattle.gov. Accessed 5 August 2026.
  5. City of Chicago, Department of Business Affairs and Consumer Protection. Fair Workweek Ordinance (MCC ch. 6-110). chicago.gov. Accessed 5 August 2026. The live page carries the current coverage thresholds. We follow it over the city's FAQ PDF, which shows a prior year's figures.
  6. City of Chicago. Fair Workweek Ordinance FAQ (PDF). chicago.gov. Accessed 5 August 2026. Source for the Chicago premium amounts. The ordinance text at MCC 6-110 could not be read directly; the city's code host blocks automated access. This PDF's wage-eligibility figures are stale.
  7. City of Chicago. Summary of Changes: 2026 Fair Workweek Rules Updates (May 2026) (PDF). chicago.gov. Accessed 5 August 2026.
  8. City of Philadelphia. Fair Workweek Employment Standards (Philadelphia Code ch. 9-4600) (PDF). phila.gov. Accessed 5 August 2026.
  9. City of Philadelphia. Fair Workweek Regulations (PDF). phila.gov. Accessed 5 August 2026. Followed over the enacted bill text where the two disagree on when the obligation began.
  10. City of Philadelphia. Fair Workweek FAQ (PDF). phila.gov. Accessed 5 August 2026.
  11. City and County of San Francisco. Ordinance 241-14, Fair Scheduling and Treatment of Formula Retail Employees (S.F. Police Code Art. 33G) (PDF). sfbos.archive.sf.gov. Accessed 5 August 2026. Source for the seven-day pay trigger and the shift-length premium tiers. We found no right-to-rest premium in this ordinance and did not confirm its absence with the Office of Labor Standards Enforcement.
  12. City and County of San Francisco. Formula Retail Employee Rights Ordinances. sf.gov. Accessed 5 August 2026.
  13. City of Berkeley. Fair Workweek Employment Standards FAQ (BMC ch. 13.102) (PDF). berkeleyca.gov. Accessed 5 August 2026. Source for the capped-block cut formula, the 10-minute grace period and the city's own 15-minute proration example.
  14. City of Berkeley. Ordinance No. 7,846-N.S. (PDF). berkeleyca.gov. Accessed 5 August 2026. The ordinance as adopted, establishing BMC ch. 13.102 and its 11-hour rest rule. The premium amounts above are read from the city's FAQ.
  15. City of Emeryville. Fair Workweek Employment Standards ordinance text (Emeryville Municipal Code Tit. 5 ch. 39), City of Emeryville Legistar, File ID-2016-651. emeryville.legistar.com. Accessed 5 August 2026. The city's labor standards page refused automated access, so the ordinance text in the city's own legislative record was used instead. That copy carries a blank ordinance number, so we cite the code chapter.
  16. City of Evanston. Fair Workweek Ordinance, codified at Evanston City Code Tit. 3 ch. 34. library.municode.com. Accessed 5 August 2026. The codified text, not the introduced draft. The two differ materially, and published summaries of the draft are still in circulation.
  17. City of Evanston. Fair Workweek. cityofevanston.org. Accessed 5 August 2026.
  18. New York City Department of Consumer and Worker Protection. Fair Workweek Law. nyc.gov. Accessed 5 August 2026. States that premiums are owed for schedule changes and clopenings. No premium amount found.
  19. New York City Department of Consumer and Worker Protection. Fair Workweek Law FAQ: Fast Food Employers and Employees (PDF). nyc.gov. Accessed 5 August 2026. No predictability-pay amount found in this document either.
  20. City of Los Angeles, Office of Wage Standards. Fair Work Week Ordinance. wagesla.lacity.gov. Accessed 5 August 2026.
  21. City of Los Angeles, Office of Wage Standards. Fair Work Week FAQs (PDF). wagesla.lacity.gov. Accessed 5 August 2026. No predictability-pay amount found.
  22. County of Los Angeles, Department of Consumer and Business Affairs. Fair Workweek Ordinance. dcba.lacounty.gov. Accessed 5 August 2026.
  23. County of Los Angeles, Department of Consumer and Business Affairs. Fair Workweek Ordinance FAQs, 25 June 2025 (PDF). dcba.lacounty.gov. Accessed 5 August 2026. No predictability-pay amount found. Indicates the County prices the short-rest premium differently from the City.
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WorkAxle builds workforce management software for organisations running multi-jurisdiction, multi-union workforces. Every figure in this guide was read from the government source listed above on the date shown. These requirements change, and several of the figures re-index annually, so verify against the issuing agency before relying on them.

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