Eleven jurisdictions require advance written notice of a work schedule and pay when an employer changes it late: Oregon statewide, plus ten cities and counties across California, Washington, New York, Illinois and Pennsylvania. Fourteen days' notice and one hour of pay is the common default. San Francisco's premium triggers at seven days rather than 14, New York City retail runs on 72 hours, and Philadelphia prices a short rest at a flat $40 inside a nine-hour window.
This article is for general information and is not legal advice. Confirm obligations with qualified counsel.
Published counts of predictive scheduling jurisdictions run from about nine to twenty-one, and the gap is rarely explained. Broader lists fold in reporting-time pay and access-to-hours rules, which are real obligations but not schedule-notice mandates[2]. On the narrower test used here — advance written notice of the schedule, plus pay for an employer-initiated late change — the answer is eleven.
Which jurisdictions require predictive scheduling, by state?
Predictive scheduling laws (also called fair workweek or secure scheduling laws) require covered employers to post a work schedule a set number of days in advance and to pay a premium when they change it on short notice. A jurisdiction counts here if it meets both halves of that test[1].
That test yields eleven, spanning six states: California (San Francisco, Emeryville, Los Angeles City, Berkeley, Los Angeles County), Washington (Seattle), New York (New York City), Oregon (statewide), Illinois (Chicago, Evanston) and Pennsylvania (Philadelphia).
| Jurisdiction | Advance notice | A late change costs | Short rest |
|---|---|---|---|
| San Francisco, CA | 2 weeks posted, pay triggers at 7 days | 1 to 4 hours by shift length | Not applicable |
| Emeryville, CA | 2 weeks | 1 hour, or 4 hours capped at the shift | 11 hours, time and a half |
| Seattle, WA | 14 days | 1 hour, or half the hours lost | 10 hours, time and a half |
| New York City, NY | 14 days fast food, 72 hours retail | Fast food: $10–$75 by notice window. Retail: no per-change premium — changes are restricted instead | Clopening premium, amount not published |
| Oregon (statewide) | 14 days, was 7 until 2020 | 1 hour, or half rate per hour lost | 10 hours, time and a half |
| Philadelphia, PA | 14 days, was 10 until 2021 | 1 hour, or half rate per hour lost | 9 hours, flat $40 |
| Chicago, IL | 14 days | 1 hour, or 50% if cancelled inside 24 hours | 10 hours, 1.25x |
| Los Angeles City, CA | 14 days | 1 hour, or half rate per hour lost | 10 hours, time and a half |
| Evanston, IL | 14 days | 1 hour, or 4 hours capped at the shift | 11 hours, time and a half |
| Berkeley, CA | 14 days | 1 hour, or 4 hours capped at the hours reduced | 11 hours, time and a half |
| Los Angeles County, CA | 14 days | 1 hour, or half rate per hour lost | 10 hours, time and a half |
Where a figure reads Not published, the jurisdiction does not state it in its own materials. It is not an estimate and it is not zero — each jurisdiction entry below names the agency to ask directly.
The eleven jurisdictions, oldest law first
San Francisco, California
- In force
- 3 Jul 2015
- Who is covered
- Formula retail establishments, plus their janitorial and security contractors. 40 or more stores worldwide and 20 or more employees in San Francisco
- Advance notice
- 2 weeks posted. The pay obligation is triggered at 7 days, not 14
- A late change costs
- At the regular hourly rate, on less than 7 days but 24 hours or more notice: 1 hour. On less than 24 hours: 2 hours for a shift of 4 hours or less, 4 hours for a shift longer than 4 hours[4]
- Short rest
- Not applicable — the ordinance we read has no right-to-rest or short-rest provision[4]
- Enforcement
- SF Office of Labor Standards Enforcement[3]
- Statute
- Formula Retail Employee Rights Ordinances, Ord. 241-14 (Fair Scheduling and Treatment); SF Police Code Art. 33G[3][4]
Emeryville, California
- In force
- 1 Jul 2017
- Who is covered
- Retail and fast food firms, franchisees included. Retail 56 or more worldwide; fast food 56 or more worldwide and 20 or more in Emeryville
- Advance notice
- 2 weeks, issued as a biweekly schedule
- A late change costs
- Less than 14 days but 24 hours or more notice: 1 hour. Less than 24 hours: for hours cancelled or reduced, 4 hours or the hours in the scheduled shift, whichever is less; for any other change, 1 hour[12]
- Short rest
- 11 hours. The employee may decline; if they agree in writing, hours worked inside the window pay one and a half times the regular rate[12]
- Enforcement
- City of Emeryville[11]
- Statute
- Fair Workweek Employment Standards, Emeryville Mun. Code Tit. 5 ch. 39[11][12]
Seattle, Washington
- In force
- 1 Jul 2017
- Who is covered
- Retail and food service. 500 or more employees worldwide; full-service restaurants also 40 or more locations worldwide
- Advance notice
- 14 days
- A late change costs
- Priced off the scheduled rate. Added hours or a start/end/date change with no loss of hours: 1 hour. Hours subtracted, or on-call hours where the employee is not called in: half the hours not worked[9]
- Short rest
- Shifts separated by less than 10 hours: time and a half, owed regardless of request or consent[9]
- Enforcement
- Seattle Office of Labor Standards[8]
- Statute
- Secure Scheduling Ordinance, SMC ch. 14.22[8][9]
New York City, New York
- In force
- 2017
- Who is covered
- Two tracks. Fast food: 30 or more locations nationwide. Retail: 20 or more employees in New York City
- Advance notice
- 14 days for fast food; 72 hours for retail. Retail employers also cannot schedule on-call shifts or require work on less than 72 hours' notice[5]
- A late change costs
- Fast food is a flat dollar scale, not a multiplier of pay: a change with less than 14 days' notice costs $10 per change for added or shifted hours and $20 for reduced hours; inside 7 days those rise to $15 and $45; inside 24 hours, $15 and $75[6]. Retail carries no per-change dollar premium. Instead the law restricts the change itself: no on-call shifts, no cancelling inside 72 hours, no requiring work inside 72 hours without the employee's consent[5]
- Short rest
- Clopening premium owed; amount not published in a source we could read[7]
- Enforcement
- NYC Department of Consumer and Worker Protection[5]
- Statute
- Fair Workweek Law[5][6][7]
The two tracks carry different notice periods, so a single figure for New York City does not hold for both.
Oregon
- In force
- 1 Jul 2018
- Who is covered
- Retail trade, hotels and motels, food services. 500 or more employees worldwide
- Advance notice
- 14 calendar days. It was 7 days until 1 Jul 2020[14]
- A late change costs
- 1 hour at the regular rate for an employer addition. Half the regular rate per scheduled hour not worked where hours are subtracted or lost[13]
- Short rest
- No work may be scheduled in the first 10 hours after the previous shift; worked anyway, it pays time and a half[13]
- Enforcement
- Oregon Bureau of Labor and Industries[13]
- Statute
- Fair Work Week Act, SB 828 (2017), ORS 653.412 to 653.490[13][14]
The only statewide law.
Philadelphia, Pennsylvania
- In force
- 1 Apr 2020
- Who is covered
- Retail, hospitality, food services. 250 or more employees and 30 or more locations worldwide, franchise networks counted in aggregate
- Advance notice
- 14 days. It was 10 days until 31 Dec 2020[15]
- A late change costs
- 1 hour at the regular rate where time is added or the date, time or location changes with no loss of hours. No less than half the regular rate per hour for hours subtracted or a shift cancelled[15]
- Short rest
- 9 hours — the shortest window on this page — and the premium is a flat $40 per shift rather than a multiplier[15]
- Enforcement
- Office of Worker Protections, Philadelphia Department of Labor[17]
- Statute
- Fair Workweek Employment Standards, Philadelphia Code ch. 9-4600[15][16][17]
Chicago, Illinois
- In force
- 1 Jul 2020
- Who is covered
- Seven industries, including building services, healthcare, hotels, manufacturing, restaurants, retail and warehouse services. 100 or more employees globally; restaurants 250 or more employees and 30 or more locations. Wage line re-indexes annually[18]
- Advance notice
- 14 calendar days
- A late change costs
- 1 hour where hours are added or a shift's time or date changes with no change in hours. Hours or a shift cancelled with less than 24 hours' notice: no less than 50% of the pay for those hours[19]
- Short rest
- An employee may decline a shift starting less than 10 hours after the previous shift; worked, it pays 1.25 times the base rate, owed since 1 Jun 2026 even where the employee consented[19][20]
- Enforcement
- Chicago Office of Labor Standards[18]
- Statute
- Fair Workweek Ordinance, MCC ch. 6-110; rules amended effective 1 Jun 2026[18][19][20]
Rules amended effective 1 June 2026: on-call shifts must sit in the posted schedule, the voluntary-change exception now requires the request in writing, and the rest premium is owed even with consent. No headline rate changed.
Los Angeles, California (city)
- In force
- 1 Apr 2023
- Who is covered
- Retail. 300 or more employees globally
- Advance notice
- 14 days, written
- A late change costs
- 1 hour at the regular rate for an increase of more than 15 minutes or a date, time or location change. Half the regular rate per hour for a reduction of at least 15 minutes, or for an on-call shift the employer never calls in[21]
- Short rest
- 10 hours between shifts; a "clopening" needs the employee's written consent, and worked, it pays time and a half[21]
- Enforcement
- Los Angeles Office of Wage Standards[21]
- Statute
- Fair Work Week Ordinance[21]
Evanston, Illinois
- In force
- 1 Jan 2024
- Who is covered
- Six industries: hospitality; food service and restaurants; retail; warehouse services; manufacturing; building services. 100 or more employees, plus franchisees under 100 employees tied to a network of more than 30 locations globally[24]
- Advance notice
- 14 days before the first scheduled shift
- A late change costs
- Less than 14 days but 24 hours or more notice: 1 hour. Less than 24 hours: for hours cancelled or reduced, 4 hours or the hours in the scheduled shift, whichever is less; for any other change, 1 hour[24]
- Short rest
- 11 hours; hours worked inside the window pay one and a half times the regular rate[24]
- Enforcement
- City of Evanston. Fines $300 to $500 per violation[23][24]
- Statute
- Fair Workweek Ordinance, Ord. No. 24-O-23, Evanston City Code Tit. 3 ch. 34[23][24]
The introduced draft set the threshold at 15 employees across nine industries. The enacted code sets 100 across six, and some published summaries still report the draft figure.
Berkeley, California
- In force
- 12 Jan 2024
- Who is covered
- Building services, healthcare, hotel, manufacturing, retail, warehouse services; restaurants; franchisees; not-for-profits. 10 or more employees in Berkeley, plus a global-size test that varies by industry[25]
- Advance notice
- 14 days, plus a good-faith estimate of minimum hours by the first day of work
- A late change costs
- Less than 14 days but at least 24 hours' notice: 1 hour. Cancelling a shift or reducing hours on less than 24 hours' notice: 4 hours or the hours reduced, whichever is less. Adding hours or moving a shift on less than 24 hours: 1 hour[25]
- Short rest
- 11 hours; every hour worked inside the window pays time and a half[25]
- Enforcement
- City of Berkeley[25]
- Statute
- Fair Workweek Employment Standards, Ord. No. 7,846-N.S., BMC ch. 13.102[25][26]
Los Angeles County, California (unincorporated)
- In force
- 1 Jul 2025
- Who is covered
- Retail. 300 or more employees globally, in unincorporated areas of the county
- Advance notice
- 14 days[27]
- A late change costs
- 1 hour at the regular rate for a change that adds hours or does not reduce them. Half the regular rate for scheduled or on-call hours the employee does not end up working[28]
- Short rest
- 10 hours between shifts; with the employee's written consent, working inside that window pays time and a half — the same structure the City of Los Angeles uses[27][28]
- Enforcement
- Los Angeles County Department of Consumer and Business Affairs[27]
- Statute
- Fair Workweek Ordinance[27][28]
A store inside the City of Los Angeles follows the City ordinance; one in unincorporated county territory follows the County's. Geography decides, not employer size. On the figures each publishes, the two ordinances price a late change and a short rest the same way.
When did each law actually take effect?
A law has more than one date: the date it was adopted, the date it became effective, and the date its duties became operative. Those can sit a year or more apart. Berkeley is the clearest recent case — adopted 13 December 2022, effective 12 January 2023, but its duties did not begin until 12 January 2024[25].
| Jurisdiction | Adopted | Effective | Operative (duties began) |
|---|---|---|---|
| San Francisco, CA | 5 Dec 2014 | 4 Jan 2015 | 3 Jul 2015 |
| New York City, NY | Not published | Not published | 2017 |
| Seattle, WA | Not published | Not published | 1 Jul 2017 |
| Emeryville, CA | 1 Nov 2016 | 1 Jul 2017 | 1 Jul 2017 |
| Oregon (statewide) | 8 Aug 2017 | 8 Aug 2017 | 1 Jul 2018 |
| Philadelphia, PA | 20 Dec 2018 | Not published | 1 Apr 2020 |
| Chicago, IL | Not published | Not published | 1 Jul 2020 |
| Los Angeles City, CA | Not published | Not published | 1 Apr 2023 |
| Evanston, IL | 22 May 2023 | 1 Sept 2023 | 1 Jan 2024 |
| Berkeley, CA | 13 Dec 2022 | 12 Jan 2023 | 12 Jan 2024 |
| Los Angeles County, CA | Not published | Not published | 1 Jul 2025 |
Oregon ran on seven days for its first two years in force before the same 2017 Act moved it to 14 days on 1 July 2020[14]. Philadelphia did the same on a shorter runway, 10 days to 14 on 1 January 2021. Anyone reconstructing a 2019 schedule or payroll needs the number that applied on that date, not today's.
How much is predictability pay?
The most common rate is one hour of pay at the regular rate for an employer-initiated change that does not cut a worker's hours, and half the regular rate for hours the worker was scheduled for and did not get to work. That baseline holds in Oregon, Philadelphia, Seattle, Los Angeles City, Los Angeles County, and, for hours added, Chicago, Berkeley, Emeryville and Evanston, and it is owed per shift, not per pay period.
Four jurisdictions price it differently, and that is where the money sits:
- San Francisco scales by shift length. Inside 24 hours it is two hours of pay for a shift of four hours or less and four hours for anything longer, and the trigger is seven days rather than 14.
- Berkeley, Emeryville and Evanston cap a late cancellation. Four hours of pay or the hours in the scheduled shift, whichever is less — on a three-hour shift, that is three hours, not four.
- Chicago prices a late cancellation as a percentage. No less than 50% of the pay for the cancelled hours.
- Philadelphia's short-rest premium is a flat $40 per shift rather than a multiplier, inside its nine-hour window — the shortest rest window on this list.
In several jurisdictions the premium is owed even when the employee wanted the change. Seattle's rest premium is due regardless of request or consent, and Chicago's 2026 rules made the same point explicit for its 1.25 times premium[9][20]. Chicago allows a genuine employee-initiated exception, but only if the request is in writing since 1 June 2026 — the change most likely to catch out a manager who treated a verbal swap as settled.
Which laws get folded into predictive scheduling counts but aren't?
Two families of law get folded into broader counts. Both are real obligations, and neither is an advance-notice mandate[2]. Reporting-time or show-up pay laws, active in states including California, Massachusetts and New York, require paying a worker who shows up and is sent home — but say nothing about posting a schedule in advance. Access-to-hours laws, such as San Jose's Opportunity to Work Ordinance, require offering available hours to existing part-time staff before hiring outside, with no advance-schedule requirement. New York State, as distinct from New York City, has no predictive scheduling law under either test.
Which states prohibit cities from passing these laws?
Eleven states are commonly listed as preempting local predictive scheduling ordinances. On direct review of the statutory text, six can be confirmed: Kansas, Michigan, Iowa, Wisconsin, Florida and Oregon each use the word "scheduling" in their own preemption statute[33][34][35][36][37].
Ohio and Georgia probably belong on this list — both are widely reported to preempt scheduling, at ORC § 4113.85 and O.C.G.A. § 34-4-3.1 — but neither state's code site would load for verification, so neither has been read directly. Alabama, Arkansas, Indiana and Tennessee are often listed alongside the other seven, and their statutes could not be confirmed to name scheduling at all. Six confirmed, five not independently confirmed against primary text.
One fact rarely appears in these lists: Oregon is on both lists. It barred its own cities from regulating work schedules in 2015, two years before it became the first state to impose a statewide predictive scheduling law, and the same 2017 Act that created that duty made the local preemption permanent[14].
What does a multi-jurisdiction employer do with this?
A rule with three dates — adopted, effective, operative — has to be stored with those dates attached, not collapsed into one current value. Oregon's notice period genuinely was seven days on 30 June 2020 and 14 days on 1 July 2020. A system holding one number per jurisdiction cannot answer a 2019 audit question correctly, and it cannot stage a known future change without someone remembering to flip it by hand on the right morning.
Jurisdiction is a property of the location, not of the company. A retailer with stores inside the City of Los Angeles and in unincorporated county pockets nearby is running two different rule sets on the same Saturday. So WorkAxle's rule engine attaches each site to its own rule pack and, when a proposed change would trip a premium, names the rule and shows the cost while the scheduler is still deciding — rather than surfacing it on the next payroll run.
- Audit jurisdiction exposure first. Map every location against the eleven jurisdictions above. Most employers find fewer sites in scope than they feared, since every one of these laws carries an industry and headcount threshold.
- Store the dates, not just the current rule. Notice periods and premium amounts have moved before (Oregon, Philadelphia) and will move again as jurisdictions amend rules, as Chicago did in 2026.
- Treat the six confirmed preemption states differently from the five unconfirmed ones. A compliance plan built on an unverified list is a plan built on a guess.