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In Philadelphia, large retail, food and hotel employers post schedules 14 days ahead. A later change by the employer costs predictability pay.

What does Philadelphia's Fair Workweek law require of retail, food and hotel employers, and what do the city's sick leave and Pennsylvania's rules add?

Verified on November 12, 2026 against the Philadelphia Code, the Office of Worker Protections and the Pennsylvania statutes and Code·What changed on this page

14days

ahead, in writing, before the first day of a new schedule1

250

employees or more and 30 or more locations worldwide: the thresholds for a covered retail, food or hotel employer2

$40

for each shift worked less than 9 hours after the end of the previous day's shift, with written consent3

What does Philadelphia's Fair Workweek law require?

Philadelphia's Fair Workweek law covers retail, hospitality and food service employers with 250 or more employees and 30 or more locations worldwide2. It protects their employees in Philadelphia who are owed overtime under state or federal law and whose duties involve retail, food or hospitality services4.

Schedules are posted no later than 14 days before they start1. A later employer change pays 1 hour of predictability pay, or at least half the regular rate for hours cut or cancelled5.

A shift less than 9 hours after the end of the previous day's shift can be declined, needs written consent, and pays $403.

This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the Philadelphia Office of Worker Protections, the Pennsylvania Department of Labor & Industry or a qualified advisor.

Which dates matter in Philadelphia?

  1. Schedules go out 10 days ahead

    The Code's first notice step, from January 1, 2020 to December 31, 20201.

  2. In effect, in the City's FAQ

    The City's FAQ gives April 1, 2020 as the date the ordinance is in effect6.

  3. Schedules go out 14 days ahead

    For any new schedule beginning January 1, 20211.

Past or upcoming as of November 12, 2026.

What changes in the week in Philadelphia?

When you hire

On hiring, the employer gives a written good faith estimate of the work schedule: the average weekly hours over a typical 90-day period, whether on-call shifts are expected, and the days and times the employee can expect to work or not7. It is revised when there is a significant change to the employee's schedule7.

When you build the schedule

The schedule is posted where employee notices are customarily posted, no later than 14 days before the first day of any new schedule1.

An employee may decline hours or shifts not in the posted schedule; consent to work them is recorded in writing8.

When the schedule changes

The employer gives notice of any proposed change as promptly as possible and before it takes effect, and revises the written schedule within 24 hours of making the change1.

Each employer-initiated change after the notice pays predictability pay on top of pay for hours worked: 1 hour at the regular rate for added time or a changed date, time or location with no loss of hours, and no less than half the regular rate for each scheduled hour not worked when hours are cut or a shift is cancelled, on-call shifts included5.

For a tipped employee, the Code leaves the regular rate for predictability pay to the Agency9. The City sets it at $17.88 an hour from July 1, 2026 through June 30th, 2027, for tipped workers earning less than $7.25 an hour10.

When you need more hours

Before hiring from an external applicant pool or subcontractors, including through temporary services or staffing agencies, the employer offers the shifts to existing employees in a written notice posted for at least 72 hours, unless a shorter period is needed for the work to be done in time11.

It may hire from outside when, among the cases the Code lists, no employee accepts within 24 hours of the end of the posting12. It need not offer hours that would be paid at a premium rate under state or federal law12. The employer gives its policy for offering shifts in writing at hire, notifies employees within 24 hours of any change to it, and posts it in the workplace12.

Between shifts

An employee may decline hours less than 9 hours after the end of the previous day's shift, or in the 9 hours after a shift that spanned two days. Consent to work them is in writing, for one shift or several, and can be revoked in writing at any time; each such shift pays $403.

When someone calls in sick

Employers with ten or more employees give paid sick time13. An employer with fewer than ten employees for at least 40 weeks in a calendar year need not, but a chain establishment, one of 15 or more under the same trade name, gives paid sick time whatever its size14. Employees without paid sick time get unpaid sick time13.

Employees accrue at least one hour for every 40 hours worked in Philadelphia, up to 40 hours a calendar year unless the employer sets more, and can use it from the 90th calendar day of employment13. For a tipped employee, paid sick time uses the City's tipped rate, $17.88 an hour from July 1, 20261510.

With a union agreement

The Fair Workweek chapter, or any part of it, can be waived in a bona fide collective bargaining agreement only if the waiver is explicitly set out in clear and unmistakable terms, and only while the agreement is in effect16.

The sick leave chapter does not apply to employees covered by a bona fide collective bargaining agreement, except to the extent specifically provided17.

In payroll

Pennsylvania's minimum wage is $7.25 an hour, and overtime is not less than 1.5 times the regular rate for hours over 40 in a workweek181920.

Watch for

  • No predictability pay when the employee asks for the change in writing, for agreed shift trades, when operations cannot begin or continue because of threats, utility or transit failures, disasters, declared emergencies or severe weather, for start or end times no more than twenty minutes off, for hours taken up from a mass written offer to cover an absence that makes clear accepting is voluntary, for terminations, for changes within 24 hours after the notice, and for documented multi-day suspensions21.
  • Ticketed and banquet events. Nor is it owed when a ticketed event is cancelled, scheduled, moved or delayed, grows in expected attendance by 20% or more, or runs longer, or when a hotel banquet event is scheduled, in each case for reasons outside the employer's control after the schedule was posted21.
  • Security and maintenance staff. The City's FAQ says they are covered when their work involves at least occasional responses to customer requests. Its example: overnight security and maintenance hired to work back of the house are not covered if they will never interact with customers22.
  • Temporary staffing agencies. The City says agencies can be responsible when their employees work at covered locations, and its FAQ applies the law to temporary employees who work at least 16 hours over a two-week period at a covered employer2324.
  • Late posting. The FAQ says a schedule posted late has no predictability pay, because there is no posted schedule to change; the Agency may impose presumed damages of $50 per affected employee for each pay period25.
For the rest of Pennsylvania's rulesPennsylvania labor laws: what changes the schedule and the payPennsylvania pays $7.25 an hour and overtime after 40 hours a week; hospitals may use a federal 14-day period. Philadelphia and Pittsburgh add their own rules.See the ruleWhen you also staff New York CityNYC Fair Workweek Law: notice, premiums and the guards it coversFast food: 14 days' notice, $10 to $75 change premiums, $100 per clopening. Retail, 20 or more employees: 72 hours' notice. Guards there can be covered.See the ruleWhen a schedule changes lateFair Workweek Laws 2026: What Triggers Penalty PayWhat triggers predictability pay and what each trigger costs: one hour for a short-notice change, half the hours lost for a cut, and where no figure is published.Read

What does Pennsylvania add in Philadelphia?

State law applies in the city as everywhere in Pennsylvania. Overtime is not less than 1.5 times the regular rate for hours over 40 in a workweek, and the Department of Labor & Industry enforces a minimum wage of $7.25 an hour192018. Payroll records show the hours worked daily and weekly, kept 3 years26.

Hospitals and nursing homes in the city also carry the state's Prohibition of Excessive Overtime in Health Care Act: a facility may not require an employee in direct patient care to work past an agreed, predetermined and regularly scheduled daily shift, outside the Act's exceptions272829. A hospital or residential care establishment may also pay overtime on an agreed federal 14-day period instead of the workweek, with overtime after 8 hours in a workday and 80 in the period2030.

Pennsylvania labor laws: what changes the schedule and the pay

What does an employer have to be able to show?

The Fair Workweek law's records are kept for two years, including31:

  • Posted schedules, as first posted and as modified, which an employee can ask to see for any week of the past two years31.
  • Good faith estimates and every change to them31.
  • Written consent for shifts where the law requires it, and offers of shifts to existing employees with the responses31.
  • Payroll records of the predictability pay and the rest-between-shifts payments31.

If the records are not kept, or the Agency is not given access within 30 days of asking, the employer is presumed to have violated the chapter, absent clear and convincing evidence otherwise31. The City says sick leave accrual and use are kept for three years32.

What does the law leave open?

A security contractor's guards at a covered store. The Code covers any person “employed or permitted to work at or for a Covered Employer” whose duties involve retail, food or hospitality services4, and the City's FAQ covers security staff who respond to customers22. The Code adds that more than one entity may be the employer if employment by one is not completely disassociated from employment by the other33. How that reaches guards employed by a contractor rather than the store is a question for your counsel.

What does the Code say exactly?

(4) Written notice of the Work Schedule shall be provided in a conspicuous and accessible location where employee notices are customarily posted. If the employer posts the notice in electronic format, all employees in the workplace must have access to it on-site. The Posted Work Schedule shall include the employees' shifts at that worksite, whether or not they are scheduled to work or be on-call that week, and shall be posted no later than 10 days before the first day of any new schedule from January 1, 2020 to December 31, 2020, and shall be posted no later than 14 days before the first day of any new schedule beginning January 1, 2021. […] (5) A Covered Employer shall provide notice of any proposed changes to the Work Schedule as promptly as possible and prior to the change taking effect. The Covered Employer must revise the written Work Schedule to reflect any changes within 24 hours of making the change.
Phila. Code § 9-4602(4)-(5) · official text · source 1
Phila. Code § 9-4601(4) who is a covered employer
(4) Covered Employer. For purposes of this Chapter, limited to an Employer that is: A Retail Establishment, a Hospitality Establishment or a Food Services Establishment as defined in this Section, that employs 250 or more employees and has 30 or more locations worldwide regardless of where those employees perform work, including but not limited to chain establishments or franchises associated with a franchisor or network of franchises that employ more than 250 employees in aggregate.
Phila. Code § 9-4601(4) · official text · source 2
Phila. Code § 9-4601(5) who is an employee
(5) Employee. Any person employed or permitted to work at or for a Covered Employer within the geographic boundaries of the City of Philadelphia, who is required under state or federal law to be paid at an overtime rate for hours in excess of a maximum number per workweek or Work Week; including but not limited to full-time employees, part-time employees, and seasonal and temporary workers. The person's job duties must involve the provision of retail trade services, food services or hospitality services at a Covered Employer, as further defined by regulation.
Phila. Code § 9-4601(5) · official text · source 4
Phila. Code § 9-4603(1) predictability pay
(1) For each employer-initiated change to the Posted Work Schedule that occurs after the advance notice required in subsection 9-4602(3), a Covered Employer shall pay an employee Predictability Pay at the following rates, in addition to the employee's regular pay for hours actually worked by the employee: (a) One hour of Predictability Pay at the employee's regular rate of pay, when the Covered Employer adds time to a work shift or changes the date or time or location of a work shift, with no loss of hours. (b) Predictability Pay calculated as no less than one-half times the employee's regular rate of pay per hour, for any scheduled hours the employee does not work for the following reasons: (.1) Hours are subtracted from a regular or on-call shift; or (.2) A regular or on-call shift is cancelled.
Phila. Code § 9-4603(1) · official text · source 5
Phila. Code § 9-4603(2)(a)-(j) when it is not owed
(2) A Covered Employer is not required to pay Predictability Pay under this Section 9-4603 or obtain written consent pursuant to subsection 9-4602(6), whenever: (a) An employee requests a shift change by written communication, including but not limited to voluntary additions or subtractions of hours that are initiated by the employee, the use of sick leave, vacation leave, or other leave policies offered by the employer; (b) A schedule change is the result of a mutually agreed-upon shift trade or coverage arrangement between employees, subject to any employer policy regarding required conditions for employees to exchange shifts; (c) The Covered Employer's operations cannot begin or continue due to: (.1) Threats to the employees or the employer's property; (.2) The failure of a public utility or the shutdown of public transportation; (.3) A fire, flood or other natural disaster; (.4) A state of emergency declared by the President of the United States, Governor of the state of Pennsylvania, or Mayor of the city; or (.5) Severe weather conditions that disrupt transportation or pose a threat to employee safety. (d) An employee begins or ends work no more than twenty minutes before or after the scheduled start or end time of the shift; (e) An employee volunteers to work additional hours in response to a mass written communication from the employer about the availability of additional hours, provided that the mass communication is only used for additional hours that are the result of another employee being unable to work scheduled hours, and the communication makes clear that accepting such hours is voluntary and the employee has the right to decline such hours; (f) Employee hours are subtracted due to termination of employment; (g) Changes are made to the Posted Work Schedule within 24 hours after the advance notice required in subsection 9-4602(3); (h) The covered employer subtracts hours from an employee's work schedule for disciplinary reasons pursuant to a multi-day suspension, provided the employer documents in writing the incident leading to the disciplinary action; (i) A ticketed event is cancelled, scheduled, rescheduled, postponed, delayed, increases in expected attendance by twenty percent (20%) or more, or increases in duration, due to circumstances that are outside the employer's control and that occur after the employer provides the Posted Work Schedule with the advance notice required by subsection 9-4602(4). Additional hours due to a change in a ticketed event's duration that fall within this exemption will also be fully exempt from subsection 9-4602(6). (j) A hotel banquet event is scheduled, due to circumstances that are outside the employer's control, after the employer provides the Posted Work Schedule with the advance notice required by subsection 9-4602(4).
Phila. Code § 9-4603(2)(a)-(j) · official text · source 21
Phila. Code § 9-4604 rest between shifts
(1) An employee may decline, without penalty, any work hours that are scheduled or otherwise occur: (a) less than 9 hours after the end of the previous day's shift, or (b) during the 9 hours following the end of a shift that spanned two days. An employee may consent to work such shifts; however, consent must be provided by written communication, either for each such shift or for multiple shifts, and may be revoked by written communication at any time during employment. (2) A Covered Employer shall compensate the employee for each instance that the employee works a shift described in subsection 9-4604(1), in the amount of forty dollars ($40) for each such shift.
Phila. Code § 9-4604 · official text · source 3
Phila. Code § 9-4605(1)-(2) offering shifts to existing employees
(1) Before hiring new employees from an external applicant pool or subcontractors, including hiring through the use of temporary services or staffing agencies, a Covered Employer shall, subject to the terms and conditions of this Section, offer work shifts to existing employees. […] (2) The employer shall provide written notice of available work shifts for at least 72 hours, unless a shorter period is necessary in order for the work to be timely performed.
Phila. Code § 9-4605(1)-(2) · official text · source 11
Phila. Code § 9-4602(1) the good faith estimate
(1) Upon hiring an employee, a Covered Employer shall provide such employee with a written, good faith estimate of the employee's work schedule. The employer shall revise the good faith estimate when there is a significant change, as further defined by regulation, to the employee's work schedule due to changes in the employee's availability or to the employer's business needs. […] (a) The average number of work hours the employee can expect to work each week over a typical 90-day period; (b) Whether the employee can expect to work any on-call shifts; (c) A subset of days and a subset of times or shifts that the employee can typically expect to work, or days of the week and times or shifts on which the employee will not be scheduled to work.
Phila. Code § 9-4602(1) · official text · source 7
Phila. Code § 9-4609(1)-(2) records
(1) Covered Employers shall keep records necessary to demonstrate compliance with this Chapter, including but not limited to good faith estimates of Work Schedules and any modifications thereto, written consent for work shifts as required by this Chapter, offers of work shifts to existing employees and responses to those offers, and payroll records that specify the amount of additional compensation paid to employees under Sections 9-4603 and 9-4604 of this Chapter. Employers shall retain such records for a period of two years, and shall allow the Agency access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this Chapter. When an issue arises as to a Covered Employer's compliance with this Chapter, if the employer does not maintain or retain adequate records documenting compliance, or does not allow the Agency reasonable access to such records within 30 days of the Agency's request, it shall be presumed that the employer has violated the Chapter, absent clear and convincing evidence otherwise. […] (2) Upon request by any employee, and in accordance with the rules of the Agency, a Covered Employer must provide such employee with work schedules for all employees at the location in writing for any previous week for the past two years, including the originally posted and modified versions of work schedules.
Phila. Code § 9-4609(1)-(2) · official text · source 31
Phila. Code § 9-4610 collective bargaining
All of the provisions of this Chapter, or any part thereof, may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in such agreement in clear and unmistakable terms and only so long as the agreement is in effect contractually. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute, or be permitted, as a waiver of all or any part of the provisions of this Chapter.
Phila. Code § 9-4610 · official text · source 16
Phila. Code § 9-4104 paid sick time
(a) All employers that employ ten or more employees shall provide paid sick time to their employees in accordance with the provisions of this Chapter. (b) All employees not entitled to paid sick time pursuant to this Chapter shall be entitled to unpaid sick time in accordance with the provisions of this Chapter. (2) All employees shall accrue a minimum of one hour of sick time for every 40 hours worked in Philadelphia. Employees will not accrue more than 40 hours of sick time in a calendar year, unless the employer selects a higher limit. […] (5) Employees shall be entitled to use accrued sick time beginning on the 90th calendar day following commencement of their employment. After the 90th calendar day of employment, employees may use sick time as it is accrued. […] (6) Sick time shall be carried over to the following calendar year unless the employer provides at least 40 hours of sick time at the beginning of each calendar year. An employee's use of sick time provided under this Chapter in each calendar year shall not exceed 40 hours, unless the employer chooses to provide a higher limit.
Phila. Code § 9-4104(1)-(2), (5)-(6) · official text · source 13
Phila. Code § 9-4103(1), (5) which employers give paid sick time
(1) Chain establishment means an establishment doing business under the same trade name used by fifteen (15) or more establishments whether such other establishments are located in the City or elsewhere and regardless of the type of ownership of each individual establishment. […] except that an employer that employs fewer than ten (10) employees for at least forty (40) weeks in a calendar year shall not be required to provide its employees with paid sick time under the provisions of this Chapter. In determining the number of persons employed during a given week, all persons performing work for compensation on a full-time, part-time, or temporary basis shall be counted. A chain establishment shall be required to provide paid sick time under this Chapter regardless of the number of employees in that establishment.
Phila. Code § 9-4103(1), (5) · official text · source 14

How does a system hold the hour and rest rules?

In Philadelphia, the city's rest rule and the state's weekly overtime land on the same schedule and the same timecard. This is how WorkAxle holds the hours:

  1. Daily and weekly hours, consecutive days and rest between shifts are set up as rules, each with its start date.
  2. While the schedule is built, the platform flags each shift that breaks one of those rules and names the rule. The supervisor decides.
  3. Each clock-in and clock-out is recorded with its time, and at the close of the period hours come out classified by your rules, ready for your payroll system.

The supervisor keeps the last word.

What can you check this week?

  • Count your employees and locations worldwide against 250 and 302.
  • Check when last month's schedules went out against the 14 days in § 9-46021.
  • Pull every change made after the notice and mark which carried predictability pay521.
  • Find every shift that began less than 9 hours after the previous day's shift ended, and its written consent and $40 payment3.
  • Check your written policy for offering shifts and the 72-hour postings for last month's open shifts1112.

This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the Philadelphia Office of Worker Protections, the Pennsylvania Department of Labor & Industry or a qualified advisor.

Frequently asked questions

Who is covered by Philadelphia's Fair Workweek law?

Retail, hospitality and food service employers with 250 or more employees and 30 or more locations worldwide, including chains and franchises2, for their employees in Philadelphia who are owed overtime under state or federal law and whose duties involve retail, food or hospitality services4.

How far in advance must schedules be posted in Philadelphia?

At covered employers (retail, food and hotel employers with 250 or more employees and 30 or more locations worldwide), no later than 14 days before the first day of any new schedule, since January 1, 202112.

What is predictability pay in Philadelphia?

At covered employers, for each employer-initiated change after the notice: 1 hour at the regular rate when the employer adds time or changes the date, time or location of a shift with no loss of hours, and no less than half the regular rate for each scheduled hour not worked when hours are cut or a shift is cancelled, on top of pay for hours worked5. For tipped workers earning less than $7.25 an hour, the City sets the rate at $17.88 from July 1, 2026 through June 30th, 202710. The Code lists exceptions, including ticketed and hotel banquet events21.

What is the clopening rule in Philadelphia?

At covered employers, an employee may decline hours less than 9 hours after the end of the previous day's shift, or in the 9 hours after a shift that spanned two days; with written consent, each such shift pays $403.

Are security guards covered by Philadelphia's Fair Workweek law?

The City's FAQ says security and maintenance workers at covered employers are covered when their work involves at least occasional responses to customer requests; its example is that overnight security and maintenance hired to work back of the house are not covered if they will never interact with customers22. Whether that reaches guards employed by a security contractor rather than the store is a question for your counsel.

How much paid sick leave does Philadelphia require?

Employers with ten or more employees, and chain establishments of any size (one of 15 or more under the same trade name), give paid sick time of at least one hour for every 40 hours worked in Philadelphia, up to 40 hours a calendar year1314. Other employees get unpaid sick time13. The law covers employees who work at least 40 hours a year in the city, with exclusions such as independent contractors, seasonal workers and interns34.

How long must Philadelphia employers keep Fair Workweek records?

Two years, including posted schedules as first posted and as modified, good faith estimates, written consent, offers of shifts and the predictability pay and rest payments31.

https://www.workaxle.com/compliance-center/united-states/pennsylvania/philadelphia

Sources

  1. Phila. Code § 9-4602(4)-(5). “(4) Written notice of the Work Schedule shall be provided in a conspicuous and accessible location where employee notices are customarily posted. If the employer posts the notice in electronic format, all employees in the workplace must have access to it on-site. The Posted Work Schedule shall include the employees' shifts at that worksite, whether or not they are scheduled to work or be on-call that week, and shall be posted no later than 10 days before the first day of any new schedule from January 1, 2020 to December 31, 2020, and shall be posted no later than 14 days before the first day of any new schedule beginning January 1, 2021. […] (5) A Covered Employer shall provide notice of any proposed changes to the Work Schedule as promptly as possible and prior to the change taking effect. The Covered Employer must revise the written Work Schedule to reflect any changes within 24 hours of making the change.”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280824 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026
  2. Phila. Code § 9-4601(4). “(4) Covered Employer. For purposes of this Chapter, limited to an Employer that is: A Retail Establishment, a Hospitality Establishment or a Food Services Establishment as defined in this Section, that employs 250 or more employees and has 30 or more locations worldwide regardless of where those employees perform work, including but not limited to chain establishments or franchises associated with a franchisor or network of franchises that employ more than 250 employees in aggregate.”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280805 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026
  3. Phila. Code § 9-4604. “(1) An employee may decline, without penalty, any work hours that are scheduled or otherwise occur: (a) less than 9 hours after the end of the previous day's shift, or (b) during the 9 hours following the end of a shift that spanned two days. An employee may consent to work such shifts; however, consent must be provided by written communication, either for each such shift or for multiple shifts, and may be revoked by written communication at any time during employment. (2) A Covered Employer shall compensate the employee for each instance that the employee works a shift described in subsection 9-4604(1), in the amount of forty dollars ($40) for each such shift.”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280860 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026
  4. Phila. Code § 9-4601(5). “(5) Employee. Any person employed or permitted to work at or for a Covered Employer within the geographic boundaries of the City of Philadelphia, who is required under state or federal law to be paid at an overtime rate for hours in excess of a maximum number per workweek or Work Week; including but not limited to full-time employees, part-time employees, and seasonal and temporary workers. The person's job duties must involve the provision of retail trade services, food services or hospitality services at a Covered Employer, as further defined by regulation.”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280805 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026
  5. Phila. Code § 9-4603(1). “(1) For each employer-initiated change to the Posted Work Schedule that occurs after the advance notice required in subsection 9-4602(3), a Covered Employer shall pay an employee Predictability Pay at the following rates, in addition to the employee's regular pay for hours actually worked by the employee: (a) One hour of Predictability Pay at the employee's regular rate of pay, when the Covered Employer adds time to a work shift or changes the date or time or location of a work shift, with no loss of hours. (b) Predictability Pay calculated as no less than one-half times the employee's regular rate of pay per hour, for any scheduled hours the employee does not work for the following reasons: (.1) Hours are subtracted from a regular or on-call shift; or (.2) A regular or on-call shift is cancelled.”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280838 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026
  6. City of Philadelphia, Department of Labor, Office of Worker Protections, Fair Workweek FAQ (December 2023). “1. Q: When is the Fair Workweek Ordinance in effect? A: April 1, 2020. However, employers have until July 1 ,2020 to provide Good Faith Estimates to existing employees.”https://www.phila.gov/media/20231218102835/FWW-FAQ-December-2023.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  7. Phila. Code § 9-4602(1). “(1) Upon hiring an employee, a Covered Employer shall provide such employee with a written, good faith estimate of the employee's work schedule. The employer shall revise the good faith estimate when there is a significant change, as further defined by regulation, to the employee's work schedule due to changes in the employee's availability or to the employer's business needs. […] (a) The average number of work hours the employee can expect to work each week over a typical 90-day period; (b) Whether the employee can expect to work any on-call shifts; (c) A subset of days and a subset of times or shifts that the employee can typically expect to work, or days of the week and times or shifts on which the employee will not be scheduled to work.”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280824 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026
  8. Phila. Code § 9-4602(6). “(6) An employee may decline to work any hours or additional shifts not included in the Posted Work Schedule. If the employee voluntarily consents to work such hours, such consent must be recorded by written communication. A written communication of an employee's desire to work shifts made available pursuant to Section 9-4605 shall constitute written consent.”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280824 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026
  9. Phila. Code § 9-4601(10), (15). “The Agency shall determine an appropriate regular rate of pay for any Tipped Employee, and provide for such rate by regulation […] (15) Tipped Employee. An employee who customarily and regularly receives more than fifty dollars ($50) a month in tips from the same employment.”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280805 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026
  10. City of Philadelphia, Department of Labor, Office of Worker Protections, Fair Workweek Tipped Rate, Predictability Pay, effective July 1, 2026 to June 30, 2027. “the “Agency” shall determine the rate of pay for tipped workers earning less than $7.25 per hour yearly based on an average of three predetermined Standard Occupational Classification (SOC) codes as published for Philadelphia County: 35- 3011 Bartenders, 35-3031 Waiters & Waitresses, 35-9011 Dining Room & Cafeteria Attendants & Bartender Helpers. […] Based on May 2025 rates for Philadelphia County, the rate in effect from July 1, 2026 through June 30th, 2027 is $17.88. […] Under Chapter 9-4100 of the Philadelphia Code, entitled “Promoting Healthy Families and Workplaces,” as amended on May 27, 2025, this same hourly rate of pay shall be used for the purposes of calculating paid sick time for a tipped employee. Phila. Code § 9-4103(12).”https://www.phila.gov/media/20260717115727/fair-workweek-tipped-rate-predictability-pay-2026.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  11. Phila. Code § 9-4605(1)-(2). “(1) Before hiring new employees from an external applicant pool or subcontractors, including hiring through the use of temporary services or staffing agencies, a Covered Employer shall, subject to the terms and conditions of this Section, offer work shifts to existing employees. […] (2) The employer shall provide written notice of available work shifts for at least 72 hours, unless a shorter period is necessary in order for the work to be timely performed.”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280863 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026
  12. Phila. Code § 9-4605(4)-(6). “(a) No employee accepts the offer of available work shifts within 24 hours of the end of the 72 hour posting period; or […] (5) This Section 9-4605 shall not be construed to require any Covered Employer to offer employees work hours paid at a premium rate under state or federal law, or to prohibit such employer from offering such work hours. […] (6) An employer must notify an employee by written communication of its policy for offering and distributing work shifts under this Section, at the time of hire and within 24 hours of any change in the policy, and must post the notice in an accessible location in the workplace.”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280863 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026
  13. Phila. Code § 9-4104(1)-(2), (5)-(6). “(a) All employers that employ ten or more employees shall provide paid sick time to their employees in accordance with the provisions of this Chapter. (b) All employees not entitled to paid sick time pursuant to this Chapter shall be entitled to unpaid sick time in accordance with the provisions of this Chapter. (2) All employees shall accrue a minimum of one hour of sick time for every 40 hours worked in Philadelphia. Employees will not accrue more than 40 hours of sick time in a calendar year, unless the employer selects a higher limit. […] (5) Employees shall be entitled to use accrued sick time beginning on the 90th calendar day following commencement of their employment. After the 90th calendar day of employment, employees may use sick time as it is accrued. […] (6) Sick time shall be carried over to the following calendar year unless the employer provides at least 40 hours of sick time at the beginning of each calendar year. An employee's use of sick time provided under this Chapter in each calendar year shall not exceed 40 hours, unless the employer chooses to provide a higher limit.”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280467 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026
  14. Phila. Code § 9-4103(1), (5). “(1) Chain establishment means an establishment doing business under the same trade name used by fifteen (15) or more establishments whether such other establishments are located in the City or elsewhere and regardless of the type of ownership of each individual establishment. […] except that an employer that employs fewer than ten (10) employees for at least forty (40) weeks in a calendar year shall not be required to provide its employees with paid sick time under the provisions of this Chapter. In determining the number of persons employed during a given week, all persons performing work for compensation on a full-time, part-time, or temporary basis shall be counted. A chain establishment shall be required to provide paid sick time under this Chapter regardless of the number of employees in that establishment.”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280439 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026
  15. Phila. Code § 9-4103(12). “For purposes of calculating paid sick time for a Tipped Employee, as defined by this Section, the hourly rate of pay shall be the numerical average of (1) the hourly wage for Standard Occupational Classification (SOC) Code 35- 3011 “Bartenders”, (2) the hourly wage for SOC 35-3031 “Waiters & Waitresses”, and (3) the hourly wage for SOC 35-9011 “Dining Room & Cafeteria Attendants & Bartender Helpers”, all as published for Philadelphia County by the Pennsylvania Department of Labor and Industry.”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280439 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026
  16. Phila. Code § 9-4610. “All of the provisions of this Chapter, or any part thereof, may be waived in a bona fide collective bargaining agreement, but only if the waiver is explicitly set forth in such agreement in clear and unmistakable terms and only so long as the agreement is in effect contractually. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute, or be permitted, as a waiver of all or any part of the provisions of this Chapter.”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280894 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026
  17. Phila. Code § 9-4104(7)-(8). “(7) Any employer with a paid leave policy, who makes available an amount of paid leave (including but not limited to vacation days, sick days, short-term disability benefits, floating holidays, parental leave, personal days, or PTO), sufficient to meet or exceed the accrual requirements of this Section, and that may be used for the same purposes and under the same conditions as sick time under this Chapter, is not required to provide additional sick time. […] (8) The requirements of this Chapter shall not apply to an employer with respect to those employees who are covered by a bona fide collective bargaining agreement, except to the extent specifically provided.”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280467 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026
  18. Department of Labor & Industry, Pennsylvania's Minimum Wage Act page. “Examples of Minimum Wage Act Violations: Employees being paid less than $7.25/hour Tipped workers making less than $2.83/hour Employers taking tip credits from tipped workers who make less than $135 in tips per month Employees not being paid 1.5 times their regular rate after 40 hours worked in a workweek”https://www.pa.gov/agencies/dli/resources/compliance-laws-and-regulations/labor-management-relations/pennsylvania-s-minimum-wage-act · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  19. 34 Pa. Code § 231.41. “Except as otherwise provided in section 5(a)—(c) of the act (43 P. S. § 333.105(a)—(c)), each employee shall be paid for overtime not less than 1-1/2 times the employee’s regular rate of pay for all hours in excess of 40 hours in a workweek.”https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/034/chapter231/s231.41.html · Pennsylvania Code, from the official Pennsylvania Code and Bulletin site · Verified on November 12, 2026
  20. Minimum Wage Act of 1968, § 4(c). “(c) Employes shall be paid for overtime not less than one and one-half times the employe's regular rate as prescribed in regulations promulgated by the secretary: Provided, That students employed in seasonal occupations as defined and delimited by regulations promulgated by the secretary may, by such regulations, be excluded from the overtime provisions of this act: And provided further, That the secretary shall promulgate regulations with respect to overtime subject to the limitations that no pay for overtime in addition to the regular rate shall be required except for hours in excess of forty hours in a workweek. An employer shall not be in violation of this subsection if the employer is entitled to utilize, and acts consistently with, section 7(j) of the Fair Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 207(j)) and regulations promulgated under that provision.”https://www.palegis.us/statutes/unconsolidated/law-information/view-statute?txtType=HTM&SessYr=1968&ActNum=0005.&SessInd=0 · Pennsylvania statute, from the General Assembly's official site (palegis.us) · Verified on November 12, 2026
  21. Phila. Code § 9-4603(2)(a)-(j). “(2) A Covered Employer is not required to pay Predictability Pay under this Section 9-4603 or obtain written consent pursuant to subsection 9-4602(6), whenever: (a) An employee requests a shift change by written communication, including but not limited to voluntary additions or subtractions of hours that are initiated by the employee, the use of sick leave, vacation leave, or other leave policies offered by the employer; (b) A schedule change is the result of a mutually agreed-upon shift trade or coverage arrangement between employees, subject to any employer policy regarding required conditions for employees to exchange shifts; (c) The Covered Employer's operations cannot begin or continue due to: (.1) Threats to the employees or the employer's property; (.2) The failure of a public utility or the shutdown of public transportation; (.3) A fire, flood or other natural disaster; (.4) A state of emergency declared by the President of the United States, Governor of the state of Pennsylvania, or Mayor of the city; or (.5) Severe weather conditions that disrupt transportation or pose a threat to employee safety. (d) An employee begins or ends work no more than twenty minutes before or after the scheduled start or end time of the shift; (e) An employee volunteers to work additional hours in response to a mass written communication from the employer about the availability of additional hours, provided that the mass communication is only used for additional hours that are the result of another employee being unable to work scheduled hours, and the communication makes clear that accepting such hours is voluntary and the employee has the right to decline such hours; (f) Employee hours are subtracted due to termination of employment; (g) Changes are made to the Posted Work Schedule within 24 hours after the advance notice required in subsection 9-4602(3); (h) The covered employer subtracts hours from an employee's work schedule for disciplinary reasons pursuant to a multi-day suspension, provided the employer documents in writing the incident leading to the disciplinary action; (i) A ticketed event is cancelled, scheduled, rescheduled, postponed, delayed, increases in expected attendance by twenty percent (20%) or more, or increases in duration, due to circumstances that are outside the employer's control and that occur after the employer provides the Posted Work Schedule with the advance notice required by subsection 9-4602(4). Additional hours due to a change in a ticketed event's duration that fall within this exemption will also be fully exempt from subsection 9-4602(6). (j) A hotel banquet event is scheduled, due to circumstances that are outside the employer's control, after the employer provides the Posted Work Schedule with the advance notice required by subsection 9-4602(4).”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280838 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026
  22. City of Philadelphia, Department of Labor, Office of Worker Protections, Fair Workweek FAQ (December 2023). “8. Q: Are security and maintenance workers covered? A: Yes. Security and maintenance workers are covered when their work involves at least occasional responses to customer requests. For example, overnight security and maintenance hired to work back of the house are not covered if they will never interact with customers.”https://www.phila.gov/media/20231218102835/FWW-FAQ-December-2023.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  23. City of Philadelphia, Report a Fair Workweek violation (Department of Labor). “This includes chain establishments and franchises. Agencies that provide temporary staff can be responsible for the provisions in this law if the employees work in covered locations.”https://www.phila.gov/services/working-jobs/worker-protections/wage-protections/report-a-fair-workweek-violation/ · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  24. City of Philadelphia, Department of Labor, Office of Worker Protections, Fair Workweek FAQ (December 2023). “A: Yes, temporary staffing agencies are required to comply with the Ordinance where the length of time a temporary employee works at or for a Covered Employer at least 16 hours over a two-week period.”https://www.phila.gov/media/20231218102835/FWW-FAQ-December-2023.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  25. City of Philadelphia, Department of Labor, Office of Worker Protections, Fair Workweek FAQ (December 2023). “A: No, predictability pay is due for employer-initiated changes to the Posted Work Schedule that occurs after the advance notice required by Section 9-4602(3). In the case of a schedule posted late, there is no posted work schedule to change. Instead, the remedy is that the Agency may impose presumed damages of $50 per impacted employee for each pay period in which the violation occurs or continues.”https://www.phila.gov/media/20231218102835/FWW-FAQ-December-2023.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  26. 34 Pa. Code § 231.31(a), (c). “(a) Every employer shall keep a true, accurate and legible record for each employee. The records shall be preserved for a period of 3 years from date of last entry and shall contain the following information: […] (5) Time and day that the workweek begins. […] (6) The number of hours worked daily and weekly. […] (c) Where records are maintained at a central recordkeeping office other than in the place of employment, the records shall be made available for inspection at the place of employment within 7 calendar days following verbal or written notice from the Secretary or the authorized representative of the Secretary. The records shall be maintained for a period of 3 years from date of last entry.”https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/034/chapter231/s231.31.html · Pennsylvania Code, from the official Pennsylvania Code and Bulletin site · Verified on November 12, 2026
  27. Prohibition of Excessive Overtime in Health Care Act, § 3(a)-(b). “(1) A health care facility may not require an employee to work in excess of an agreed to, predetermined and regularly scheduled daily work shift. […] (2) This subsection shall not be construed to prevent an employee from voluntarily accepting work in excess of these limitations. […] (i) To prevent an employee from working an agreed to, predetermined and regularly scheduled daily work shift that is greater than eight hours. […] (b) Retaliation prohibited.--The refusal of an employee to accept work in excess of the limitations set forth in subsection (a) shall not be grounds for discrimination, dismissal, discharge or any other employment decision adverse to the employee.”https://www.palegis.us/statutes/unconsolidated/law-information/view-statute?txtType=HTM&SessYr=2008&ActNum=0102.&SessInd=0 · Pennsylvania statute, from the General Assembly's official site (palegis.us) · Verified on November 12, 2026
  28. Prohibition of Excessive Overtime in Health Care Act, § 3(c). “(c) Exception.--The provisions of subsection (a) shall not apply to any of the following: (1) On-call time. Nothing in this paragraph shall be construed to permit a health care facility or employer to use on-call time as a substitute for mandatory overtime or a means of circumventing the intent of this act. (2) If an unforeseeable emergent circumstance occurs and: (i) the assignment of additional hours is used as a last resort; (ii) the health care facility or employer has exhausted reasonable efforts to obtain other staffing; and (iii) the health care facility or employer provides the employee up to one hour to arrange for the care of the employee's minor child or elderly or disabled family member. (3) When an employee is required to work overtime to complete a patient care procedure already in progress if the absence of the employee could have an adverse effect on the patient.”https://www.palegis.us/statutes/unconsolidated/law-information/view-statute?txtType=HTM&SessYr=2008&ActNum=0102.&SessInd=0 · Pennsylvania statute, from the General Assembly's official site (palegis.us) · Verified on November 12, 2026
  29. Prohibition of Excessive Overtime in Health Care Act, § 2 ("Employee", "Health care facility"). “"Employee." An individual employed by a health care facility or by the Commonwealth or a political subdivision or instrumentality of the Commonwealth who is involved in direct patient care activities or clinical care services and who receives an hourly wage or is classified as a nonsupervisory employee for collective bargaining purposes. The term includes an individual employed through a personnel agency that contracts with a health care facility to provide personnel. The term does not include a physician, physician assistant, dentist or worker involved in environmental services, clerical, maintenance, food service or other job classification not involved in direct patient care and clinical care services. […] "Health care facility." A facility which provides clinically related health services, regardless of whether the operation is for profit or nonprofit and regardless of whether operation is by the private sector or by State or local government. (1) The term includes all of the following: (i) A general or special hospital, a psychiatric hospital, a rehabilitation hospital, a hospice, an ambulatory surgical facility, a long-term care nursing facility, a cancer treatment center using radiation therapy on an ambulatory basis and an inpatient drug and alcohol treatment facility. (ii) A facility which provides clinically related health services and which is operated by the Department of Corrections, the Department of Health, the Department of Military and Veterans Affairs or the Department of Public Welfare. (iii) A mental retardation facility operated by the Department of Public Welfare. (2) The term does not include any of the following: (i) An office used primarily for private or group practice by a health care practitioner. (ii) A facility providing treatment solely on the basis of prayer or spiritual means in accordance with the tenets of a church or a religious denomination. (iii) A facility conducted by a religious organization for the purpose of providing health care services exclusively to clergy or other individuals in a religious profession who are members of the religious denomination conducting the facility.”https://www.palegis.us/statutes/unconsolidated/law-information/view-statute?txtType=HTM&SessYr=2008&ActNum=0102.&SessInd=0 · Pennsylvania statute, from the General Assembly's official site (palegis.us) · Verified on November 12, 2026
  30. 29 U.S.C. § 207(j); 29 CFR 778.601(a), (c). “The exemption provided by section 7(j) applies: if, pursuant to an agreement or understanding arrived at between the employer and employee before performance of the work, a work period of 14 consecutive days is accepted in lieu of the workweek of 7 consecutive days for purposes of overtime computation and if, for his employment in excess of 8 hours in any workday and in excess of 80 hours in such 14-day period, the employee receives compensation at a rate not less than one and one-half times the regular rate at which he is employed. […] The agreement or understanding between the employer and employee to use the 14-day period for computing overtime must be entered into before the work to which it is intended to apply is performed.”https://www.ecfr.gov/current/title-29/part-778/section-778.601 · Federal regulation (Code of Federal Regulations), as published on eCFR · Verified on November 12, 2026
  31. Phila. Code § 9-4609(1)-(2). “(1) Covered Employers shall keep records necessary to demonstrate compliance with this Chapter, including but not limited to good faith estimates of Work Schedules and any modifications thereto, written consent for work shifts as required by this Chapter, offers of work shifts to existing employees and responses to those offers, and payroll records that specify the amount of additional compensation paid to employees under Sections 9-4603 and 9-4604 of this Chapter. Employers shall retain such records for a period of two years, and shall allow the Agency access to such records, with appropriate notice and at a mutually agreeable time, to monitor compliance with the requirements of this Chapter. When an issue arises as to a Covered Employer's compliance with this Chapter, if the employer does not maintain or retain adequate records documenting compliance, or does not allow the Agency reasonable access to such records within 30 days of the Agency's request, it shall be presumed that the employer has violated the Chapter, absent clear and convincing evidence otherwise. […] (2) Upon request by any employee, and in accordance with the rules of the Agency, a Covered Employer must provide such employee with work schedules for all employees at the location in writing for any previous week for the past two years, including the originally posted and modified versions of work schedules.”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280891 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026
  32. City of Philadelphia, Report a sick leave violation (Department of Labor). “Employers with 10 or more employees are required to provide paid sick leave. All employers must keep records of sick leave accrual and used time for each employee for three years. […] Employees exempted from this law include: Seasonal workers and employees hired for less than six months. Adjunct professors, pool employees, and interns. Non-probationary employees covered by a collective bargaining agreement.”https://www.phila.gov/services/working-jobs/worker-protections/paid-or-unpaid-leave/paid-sick-leave/ · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  33. Phila. Code § 9-4601(6). “More than one entity may be the "employer" if employment by one employer is not completely disassociated from employment by the other employer.”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280805 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026
  34. Phila. Code § 9-4103(4). “(4) Employee means any individual employed by an employer who performs work within the geographic boundaries of the City of Philadelphia for at least forty (40) hours in a year; but excluding independent contractors, seasonal workers, adjunct professors, employees hired for a term of less than six months, interns, pool employees, Federal, State and City employees, and non-probationary employees covered by a bona fide collective bargaining agreement.”https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-280439 · The Philadelphia Code, as published by the City's code publisher (American Legal Publishing) · Verified on November 12, 2026

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