State and City Laws and Regulations on Fair and Flexible Scheduling

Chicago Mun. Code Tit. 1 Ch. 1-25

Eligibility: The law applies to “covered employees” of “covered employers” in a “covered industry.” This means the law only applies to certain types of employees who work for large employers in specific industries.

• Covered employees: Any employee who: 1) is an employee (not contractor) or temp worker assigned to the employer for 420 hours within an 18-month period; 2) spends the majority of their time working for the employer physically in Chicago; 3) performs the majority of their work in a covered industry (see below) for the employer; and 4) earns $50,000 or less per year if a salaried employee or $26 per hour or less as an hourly employee, with some limited exceptions. These wage thresholds are subject to change every year.
• Covered employers: Employs 1) ​​100 or more employees globally (250 or more for nonprofits); 2) has 50 employees who are covered employees (see above); and 3) is primarily engaged in a covered industry (see below).
• Covered industries: Building services; healthcare; hotels; manufacturing; restaurants; retail; warehouse services.

This law requires employers to provide their employees with:

• Initial Estimate of Schedule: A good faith estimate of weekly hours of work, time on-call, and periods in which the employee can expect to work and not work on or before work begins. The estimate must cover the first 90 days of employment.
• Advanced Notice of Schedule: 10 days advance notice of schedules; two weeks’ notice of schedules beginning in July 2022.
  • Employees who are not given sufficient notice have a right to decline any previously unscheduled hours that their employer adds to their schedule, subject to certain exceptions.
  • This does not apply to employees who self-schedule or work at a venue that regularly holds ticketed events.
  • Survivors of domestic or sexual violence, or who have a family member or household member who is a survivor, may request that their schedule not be posted or transmitted to other employees and the employer must implement that request immediately upon oral or written notice (the employer may require a written statement as documentation, but an oral request is sufficient until a written statement is received).
• Right to Rest: Right to decline shifts with less than 10 hours between them and right to 25x pay if the shift is accepted.
• Right to Request Schedule Changes: During employment, an employee has the right to request a modified work schedule—including, but not limited to, part-time employment, changes in days or shifts worked, and additional shifts or hours. Prior to the start of employment, an employee may request modifications to the projected days and hours of work an employer has provided and the employer shall respond in writing within three days.
• Access to Hours: When an employer has additional shifts to fill, the employer must first offer them to qualified existing covered employees (up to the overtime limit). Only if existing employees decline the shifts shall they be offered to temporary or seasonal employees. Whenever practicable, the employer will offer the shifts to part-time covered employees first.
• Predictability Pay: Compensation for employees who are subject to employer-initiated schedule changes with less than the requisite notice, unless the employee requests the change, or in certain other circumstances. Employers must provide employees with:
  • One hour of pay at the employee’s regular rate of pay, in addition to wages earned, for each shift in which the employer:
    • Adds hours of work to the employee’s work shift,
    • Changes the date or time of the employee’s work shift with no loss of hours, or
    • Cancels or subtracts hours from a regular or on-call shift with more than 24 hours’ notice.
  • No less than 50 percent of the employee’s regular rate of pay for any scheduled hours in which the employer:
    • Subtracts hours from a regular or on-call shift, with less than 24 hours’ notice, or
    • Cancels a regular or on-call shift, including while the employee is working on a shift.

Anti-retaliation Protections: Employers cannot retaliate against employees who exercise their rights under this law.

City of Evanston City Code Tit. 3, Chap. 34

Note: This law takes effect on September 1, 2023.

Eligibility: Employees who qualify for minimum wage and performs at least two hours of work per week within the City of Evanston for an employer who:

• • Has at least 100 employees or is a franchisee with fewer than 100 employees who are associated with a franchisor or are part of a franchise network with more than 30 locations worldwide and;
  • Is engaged in:
    • Hospitality
    • Retail
    • Warehouse services
    • Manufacturing
    • Building services
    • Food service and restaurants, with at least 30 locations and at least 200 employees worldwide

This law requires applicable employers to provide eligible employees with:

• Initial Estimate of Schedule:
  • Prior to, or at the beginning of employment, an employer must provide every employee with a written good faith estimate of the employee’s projected days and hours of work for the first 90 days of employment, including:
    • The average number of hours the employee can expect to work each week
    • Whether the employee can expect any on-call shifts
    • A subset of days and a subset of times or shifts the employee can expect to work or days of the week and times or shifts the employee can expect to not work
  • New employees may request a modification to the initial estimate of their schedule, including projected days and hours of work The employer must consider the request and inform the employee in writing of their decision on the request within three days of the request.
• Right to Request a Flexible Working Arrangement: An employee has the right to request a modified work schedule, including, but not limited to, limitations on availability, changes in days of work, changes in hours, part-time employment, job-sharing arrangements, change in work duties, or part-year employment.
• Advanced Notice of Schedule:
  • 14 days advance notice of schedules. An employer must provide employees with their work schedule at least 14 calendar days before the start of any new work schedule. This notice can be provided by posting the work schedule in a visible location or by other usual means of communication. Upon the written request of an employee, the employer must also transmit the schedule electronically.
    • Employees, or family or household members, who are survivors of domestic or sexual violence, may request that their schedule not be posted or transmitted to other employees and the employer must implement that request immediately upon oral or written notice. An employer may request a written statement, which will be sufficient documentation for scheduling purposes.
• Schedule Changes
  • • • Employees have the right to decline any previously unscheduled hours if they have been provided notice of less than 14 days before the first day of any new schedule.
      • Employees do not have a right to decline if the schedule change is made due to:
        • Threats to the employer, employee, or property, or when civil authorities recommend that work not begin or continue
        • Public utilities failure to supply electricity, water, or gas, or the sewer system fails to serve the work location
        • Acts of nature or weather that would prohibit business operations
        • War, civil unrest, strikes, threats to public safety, or pandemics
• Predictability Pay: Compensation, in addition to the employee’s regular rate of pay, for employees who agree to an employer-initiated schedule change, unless the employee requests the change, or in certain other circumstances.
  • • • • Employers must provide employees with:
          • One additional hour of pay at the employee’s regular rate of pay for each previously-scheduledshift to which the employer adds or subtracts hours, cancels, or moves to a different date or time with less than 14 days, but 24 hours or more of notice;
          • One additional hour of pay at the employee’s regular rate of pay for each previously unscheduled shift that the employer adds to the employee’s schedule with less than 14 days but 24 hours or more of notice;
          • Four additional hour of pay or the number of hours that were canceled or reduced at the employee’s regular rate of pay, whichever is less, when hours are canceled or reduced with less than 24 hours of notice;
          • One additional hour of pay for all other changes made to the employee’s schedule with less than 24 hours of notice.
        • However, if a schedule change is made in one of the below circumstances, the employer must provide written notice with 72 hours of the schedule change informing the employee of the change and why the employee is essential and pay the employee an additional $2.00 per hour of hazard pay in addition to their standard rate of pay for the duration of time the employee is required to work due to:
          • Threats to the employer, employee, or property, or when civil authorities recommend that work not begin or continue
          • Public utilities failure to supply electricity, water, or gas, or the sewer system fails to serve the work location
          • Acts of nature or weather that would prohibit business operations
          • War, civil unrest, strikes, threats to public safety, or pandemics
• Access to Hours: When an employer has additional hours available, the employer must offer them to existing part-time employees before hiring new employees or contractors or using a temp service or staffing agency, up to the number of hours required to give the part-time employee 35 hours of work in a week.
  • • • • • When such work is available, the employer must make the offer either in writing or by posting the offer in a conspicuous location. The offer must include hours of work, days, available shifts, locations, the duration of coverage, and a process by which employees can notify their employer they are interested in working the offered hours.
          • The qualified part-time employee has 72 hours to respond in writing to an offer with an expected duration of longer than two weeks. For a duration of two weeks or less, the employee has 24 hours to respond in writing.
• Right to Rest: An employee has the right to decline work hours that occur within 11 hours from the employee’s last shift. If the employee agrees in writing to work such hours, the employer must pay the employee a 5 times their usual rate of pay for any hours worked less than 11 hours following a previous shift.
• Notice & Posting
• • • • • • Employers must provide, with the first paycheck, notice of this law.
          • The employer is required to post the law in a conspicuous place in each facility where any employee works.

Anti-retaliation Protections: Employers cannot retaliate against employees who exercise their rights under this law.

Berkeley Mun. Code Chap. 13.102

Note: this law took effect in January 2023 and becomes operative on January 1, 2024.

Eligibility: Employees who qualify for minimum wage, are non-exempt from overtime, and who perform at least two hours of work per calendar week within the City of Berkeley for:

• • The City of Berkeley as an employer
  • Any employer in the City of Berkeley with 10 or more employees in the City of Berkley that is:
    • An employer with 56 or more employees worldwide who is primarily engaged in:
      • building services
      • healthcare
      • hotel, manufacturing, retail, or warehouse services industries
    • An employer with 100 or more employees worldwide who is primarily engaged in the restaurant industry
    • An employer who is a franchisee in the restaurant or retail and is part of a franchise network has 100 or more employees worldwide
    • An employer who is a non-profit organization that employs 100 or more employees worldwide.

This law requires applicable employers to provide eligible employees with:

• Initial Estimate of Work Schedule:
  • An employer must provide each employee with a written good faith estimate of the employee’s work schedule. Employees may request a modification to their estimated work schedule. The employer must inform the employee in writing on their decision for the modification, prior to, or at the beginning of employment
• Notice & Posting
  • Employers must provide written notification to all current employees and new employees at the time of hire about their rights under the fair workweek law.
  • The employer is required to post the law in predominant areas of the worksite where it will be seen by all employees.
• Right to Request a Flexible Working Arrangement: An employee has the right to request a modified work schedule, including, but not limited to, hours, times, days, change in work duties, part-time employment, etc. An employer can choose whether to accept, modify, or deny the request.
• Advanced Notice of Schedule:
  • 14 days advance notice of schedules. An employer must provide employees with their work schedule at least two weeks in advance. This notice can be provided by posting the work schedule in a visible and accessible location at the workplace or transmitting the schedule electronically so long as employees are given access to the electronic schedule at the workplace.
  • Survivors of domestic or sexual violence may request that their schedule not be posted or transmitted to other employees and the employer must implement that request immediately upon oral or written notice. An employer may request a written statement from the employee stating that they are a victim of domestic or sexual violence, which will be sufficient documentation for scheduling purposes and they cannot require a written statement more than once in a calendar year for this purpose
• Schedule Changes
  • If the employer makes any changes to the schedule they must provide written notice within 24 hours of the anticipated schedule change (with certain exceptions, including if the change is due to an act of nature, a pandemic, or the failure of public utilities, among others).
  • Employees have the right to decline any previously unscheduled hours if they have been provided notice less than 14 days before the first day of any new schedule (with certain exceptions, including if the change is due to an act of nature, a pandemic, or the failure of public utilities, among others).
• Access to Hours: When an employer has additional hours available, the employer must offer them to existing part-time employees who have worked longer than two weeks and are qualified to do the additional work before hiring new employees or contractors or using a temp service or staffing agency, as long as the additional hours would not require the employer to pay an existing employee overtime.
  • When such work is available, the employer must make the offer either in writing or by posting the offer in a conspicuous location or electronically where notices are normally posted.
  • A qualified part-time employee has 24 hours to accept or decline the offer.
• Predictability Pay: Compensation, in addition to the employee’s regular pay for such shift, for employees who agree to an employer-initiated schedule change, unless the employee requests the change, or in certain other circumstances, including if the change is due to an act of nature, a pandemic, or the failure of public utilities, among other circumstances. Employers must provide employees with:
  • One additional hour of pay at the employee’s regular rate of pay for each change to a scheduled date or time with less than 14 days, but 24 hours or more of notice;
  • Four additional hours of pay or the number of hours canceled or reduced, whichever is less, for any scheduled shift that is canceled or reduced with less than 24 hours of notice;
  • One additional hour of pay at the employee’s regular rate of pay for all other changes with less than 24 hours of notice
• Right to Rest: An employee has the right to decline work hours that occur less than 11 hours from the employee’s last shift. If the employee provides written consent, the employer must pay the employee at 5 times their usual rate of pay for each hour worked that is less than 11 hours following the end of the previous shift.
• Right to Request a Flexible Working Arrangement: An employee has the right to request a modified work schedule, including, but not limited to, limitations on availability, changes in days of work, changes in hours, part-time employment, job-sharing arrangements, change in work duties, or part-year employment.

Anti-retaliation Protections: Employers cannot retaliate against employees who exercise their rights under this law.

Emeryville Mun. Code Tit. 5 Ch. 39

Eligibility: Nonexempt employees who work for two or more hours per week within the geographic boundaries of Emeryville for either 1) a fast food firm with 56 or more employees globally and 20 or more employees in Emeryville, or 2) a retail firm with 56 or more employees globally.

The law requires applicable employers to provide eligible employees with:

• Initial Estimate of Schedule: A good faith estimate of the employee’s work schedule.
• Advanced Notice of Schedule: 14 days advance notice of schedules. For new employees, the employer shall provide an initial work schedule that runs through the date that the next biweekly schedule for existing employees is scheduled to be posted or distributed.
  • Employees who are not given sufficient notice have a right to decline any previously unscheduled hours that their employer adds to their schedule, subject to certain exceptions.
• Right to Rest: Right to decline shifts with less than 11 hours between them, and right to 5x pay if accepted.
• Right to Request Schedule Changes: During employment, an employee has the right to request a modified work schedule—including, but not limited to, part-time employment, changes in days or shifts worked, and additional shifts or hours. Prior to the start of employment, an employee may request modifications to the projected days and hours of work an employer has provided, and the employer must respond in writing before the employee begins work.
• Access to Hours: When an employer has additional hours of work available, the employer must offer them to existing qualified part-time employees before hiring new employees or contractors (including new temp or seasonal employees).
  • Employers are only required to offer part-time employees the number of hours that would give them 35 hours of work in a given calendar week.
  • The part-time employee is not required to accept an offer of additional work, but, if the employee does accept, must do so within 72 hours (for an offer of additional work spanning more than two weeks) or 24 hours (for an offer of additional work spanning two weeks or less).
• Predictability Pay: Compensation for employees who are subject to employer-initiated schedule changes with less than the required notice, unless the employee requests the change, or in certain other circumstances. Employers must provide employees with:
  • One hour of pay at the employee’s regular rate of pay, in addition to wages earned, for each shift in which the employer:
    • Adds or subtracts hours to a scheduled shift, with less than 14 but more than 24 hours’ notice;
    • Moves a scheduled shift to another date or time, with less than 14 but more than 24 hours’ notice;
    • Cancels a scheduled shift, with less than 14 but more than 24 hours’ notice;
    • Adds a previously unscheduled shift, with less than 14 but more than 24 hours’ notice; or
    • Makes changes other than those described below with less than 24 hours’ notice.
  • Four hours of pay, or pay for the number of hours in the employee’s scheduled shift, whichever is less, for each shift in which the employer:
    • Cancels or subtracts hours, with less than 24 hours’ notice.

Anti-retaliation Protections: Employers cannot retaliate against employees who exercise their rights under this law.

Los Angeles Mun. Code Chap. XVIII, Art. 5

Eligibility: Employees who qualify for minimum wage and perform at least two hours of work per week within the City of Los Angeles for an employer in the retail business with more than 300 employees worldwide.

• • If the employer is a franchisee, their business must be a retail business and over 15,000 square feet for this law to apply.

This law requires applicable employers to provide eligible employees with:

• Initial Estimate of Schedule:
  • For new employees, an employer must provide the employee with a written good faith estimate of the employee’s work schedule and notification of their rights under the fair workweek law.
  • For existing employees, an employer must provide a written good faith estimate of the work schedule within 10 days of the employee’s request.
  • The employee’s schedule may differ from the good faith estimate. But if the employee’s hours substantially differ from the good faith estimate, the employer must have a documented, legitimate business reason that was unknown at the time the good faith estimate was provided to the employee.
• Right to Request Schedule Changes: An employee has the right to request certain hours, times, or locations of work. An employer can choose whether to accept or deny the request, but must notify the employee in writing of the reason for any denial.
• Advanced Notice of Schedule: 14 days advance notice of schedules. An employer must provide employees with their work schedule at least 14 calendar days before the start of the work period. This notice can be provided by posting the work schedule in a visible location, transmitting the schedule electronically, or other reasonable means.
  • If the employer makes any changes to the schedule within 14 calendar days, they must provide written notice to the employee.
  • Employees have a right to decline any previously unscheduled hours if they were not included in the Work Schedule.
• Access to Hours: When an employer has additional hours available, the employer must offer them to existing qualified employees before hiring new employees or contractors or using a temp service or staffing agency, as long as the additional hours would not require the employer to pay an existing employee overtime.
  • When such work is available, the employer must notify the employees in writing or by posting the offer in a conspicuous location at least 72 hours prior to hiring a new employee.
  • A qualified employee has 48 hours to accept the offer in writing.
  • An employee who accepts additional hours will not be entitled to predictability pay if it results in a change from their work schedule.
• Predictability Pay: Compensation for employees who agree to an employer-initiated schedule change, unless the employee requests the change, or in certain other circumstances. Employers must provide employees with:
  • One additional hour of pay at the employee’s regular rate of pay for each change to a scheduled date, time, or location of work that:
    • Does not result in a loss of time to the employee; or
    • Does result in additional work time that exceeds 15 minutes.
  • One half the employee’s regular rate of pay for time the employee does not work if the employer reduces the employee’s scheduled work time by at least 15 minutes.
• Right Not to Find Coverage: If an employee is unable to work for reasons protected by law, the employer may not require the employee to find a replacement for the shift or partial shift that they are unable to work.
• Right to Rest: An employer shall not schedule an employee to work a shift that starts less than 10 hours from the employee’s last shift without the employee’s written consent. If the employee consents, the employer must pay the employee at 5 times their usual rate of pay for each shift not separated by at least 10 hours.
• Notice & Posting
  • Every employer shall post the notice each year, informing their employees of their rights. This notice must be published in any language where there are more than 5% of individuals who speak it within the company.

Anti-retaliation Protections: Employers cannot retaliate against employees who exercise their rights under this law.

For more information about this law, see here.

San Francisco Police Code § 3300F.3 & Art. 33G

Eligibility: Nonexempt employees who are scheduled to work an on-call shift of at least two hours in a given calendar week within the geographic boundaries of San Francisco for a retail employer who has 20 or more employees in the city and 40 or more retail sales locations worldwide.

This law requires applicable employers to provide eligible employees with:

• Initial Estimate of Schedule: Prior to the start of employment, the employer must provide a good faith estimate of the expected minimum number of scheduled shifts per month, and the days and hours of those shifts, including on-call shifts.
• Advanced Notice of Schedule: 14 days advance notice of schedules. For new employees, the employer must provide an initial work schedule that runs through the date that the next biweekly schedule for existing employees is scheduled to be posted or distributed.
• Right to Request Schedule Changes: Employees have the right to request a modification to the initial estimate of their schedule provided by the employer prior to the start of employment. The employer must respond prior to the start of employment.
• Access to Hours: When an employer has additional hours of work available, the employer must offer them to existing qualified part-time employees before hiring new employees or contractors (including new temp or seasonal employees), as long as the additional work is the same or a similar type of work the part-time employee does for the employer.
  • Employers are only required to offer part-time employees the number of hours that would give them 35 hours of work in a given calendar week.
  • The part-time employee is not required to accept an offer of additional work, but, if the employee does accept, must do so in writing within 72 hours.
• Predictability Pay: Compensation for employees who are subject to employer-initiated schedule changes with less than the required notice, unless the employee requests the change, or in certain other circumstances. Employers must provide employees with:
  • One hour of pay at the employee’s regular rate of pay, in addition to wages earned, for each shift in which the employer:
    1. Moves a scheduled shift to a new date or time with less than 7 days’ notice but 24 hours or more notice, or
    2. Cancels a scheduled shift with less than 7 days’ notice but 24 hours or more notice, or
    3. Adds a previously unscheduled shift with less than 7 days’ notice but 24 hours or more notice.
  • Two hours of pay at the employee’s regular rate of pay, in addition to wages earned, for each shift in which the employer:
    1. Moves a scheduled shift to a new date or time with less than 24 hours’ notice for a shift of 4 hours or less,
    2. Cancels a scheduled shift with less than 24 hours’ notice for a shift of 4 hours or less, or
    3. Adds a previously unscheduled shift with less than 24 hours’ notice for a shift of 4 hours or less.
  • Four hours of pay at the employee’s regular rate of pay, in addition to wages earned, for each shift in which the employer:
    1. Moves a scheduled shift to a new date or time with less than 24 hours’ notice for a shift of more than 4 hours,
    2. Cancels a scheduled shift with less than 24 hours’ notice for a shift of more than 4 hours, or
    3. Adds a previously unscheduled shift with less than 24 hours’ notice for a shift of more than 4 hours.
  • On-Call Pay: Compensation for employees who are scheduled for on-call shifts during which they are required to be available but not called to work, with certain exceptions. Employers must provide employees with:
    • Two hours of pay at the employee’s regular rate of pay for each on-call shift of 4 hours or less;
    • Four hours of pay at the employee’s regular rate of pay for each on-call shift of more than 4 hours.
    • If an employee scheduled for an on-call shift is in fact called to work, the predictability pay rules apply as described above and this section do not apply.

Anti-retaliation Protections: Employers cannot retaliate against employees who exercise their rights under this law.

San Jose Mun. Code § 4.101  

Eligibility: Nonexempt employees who perform at least two hours of work for an employer with more than 35 employees. Note that for chain businesses, the number of employees is determined by the number of employees at all chain locations, whether or not located in San Jose.

This law requires applicable employers to provide eligible employees with:

• Access to Hours: When an employer has additional hours of work available, the employer must offer them to existing qualified employees before hiring new employees or subcontractors (including new temp workers). An employer is not required to offer additional hours to existing employees if the employer would be required to pay the employee at a premium rate. There is a possible exemption when complying with this requirement would create a hardship for the employer.

Anti-retaliation Protections: Employers cannot retaliate against employees who exercise their rights under this law.

SeaTac Mun. Code § 7.45.030

Eligibility: Non-managerial, non-supervisory employees of 1) any hotel with 100 or more guest rooms and 30 or more workers; 2) an institutional food service or retail operation with 10 or more non-managerial, non-supervisory employees; 3) a transportation employer (including curbside passenger check-in services, baggage check services, baggage handling, and more; full list available here); or 4) a rental car service (with more than 100 cars), shuttle service (with more than 10 vans or busses), or parking lot management (with more than 100 parking spaces), with 25 or more non-managerial, non-supervisory employees.

This law requires applicable employers to provide eligible employees with:

• Access to Hours: When an employer has additional hours of work available in job positions held by existing workers, the employer must offer them to existing qualified part-time employees before hiring additional part-time or temporary employees.

Anti-retaliation Protections: Employers cannot retaliate against employees who exercise their rights under this law.

Seattle Mun. Code Tit. 14 Ch. 22

Eligibility: Nonexempt employees who work at least 50% of the time at a physical location within the geographic bounds of Seattle for an employer who is either:

• A retail establishment that employs 500 or more employees worldwide; or;
• A food service establishment that employs 500 or more employees worldwide—and, if a full-service restaurant, must also have at least 40 full-service restaurants worldwide.

This law requires applicable employers to provide eligible employees with:

• Initial Estimate of Schedule:
  • For new employees, the employer must provide a good faith estimate of the employee’s work schedule at the time of hire, including the median number of hours the employee can expect to work each week and whether the employee can expect to work on-call shifts.
  • For existing employees, the employer must revise the good faith estimate once per year and when there are significant changes to the employee’s schedule based on changes in the employee’s availability or the business’s needs.
  • The employer must initiate an interactive process (basically, a conversation focused on coming to a mutually-beneficial agreement, potentially including discussion of alternatives) to discuss any significant changes from the good faith estimate and, if applicable, must state the bona fide business reason for the change.
• Advanced Notice of Schedule: 14 days advance notice of schedules. For new employees and employees returning after a leave of absence, the employer must provide an initial work schedule that runs through the last date of the currently-posted schedule.
  • Employees who are not given sufficient notice have a right to decline any previously unscheduled hours that their employer adds to their schedule.
• Right to Rest: Right to decline shifts with less than 10 hours between them and right to5x pay if accepted, unless the work hours are considered a “split shift” subject to defined rules.
• Right to Request Schedule Changes: At the time of hire and during employment, an employee may identify limitations or changes to their availability. The employee has the right to request not to be scheduled to work at certain times or locations, and has the right to express preferred hours and work locations.
  • If the request is due to a major life event:
    1. The employer must engage in an interactive process with the employee and must grant the request unless the employer has a bona fide business reason for denying it.
    2. The employer may require verification of the major life event.
    3. A major life event is an event that impacts the employee’s access to the workplace due to changes in transportation or housing; the employee’s own serious health condition; the employee’s responsibilities as a caregiver; the employee’s enrollment in a career-related educational or training program; or another job.
  • If the request is not due to a major life event:
    1. The employer must engage in an interactive process with the employee and may grant or deny the request for any lawful reason.
  • Right Not to Find Coverage: When an employee requests a schedule change for a reason covered by local, state, or federal law, or due to a major life event, and the employee complies with the employer’s notice requirements, the employer may not require the employee to find a replacement employee for scheduled hours the employee is unable to work. The employer may require the employee to find a replacement employee if a change is requested for another reason.
  • Access to Hours: When an employer has additional hours of work available, the employer must offer them to existing qualified employees when the hours become available at the employees’ place of work (up to the overtime limit) before hiring new employees or contractors (including new temp workers).
    • When such work is available, the employer must post a written notice offering additional hours for at least 3 consecutive calendar days;
    • If a qualified existing employee responds, the employee must offer them the additional hours; and
    • The employee has 2 calendar days from the offer to accept.
    • Some exceptions may apply.
  • Predictability Pay: Compensation for employees who are subject to employer-initiated schedule changes with less than the required notice, unless the employee requests the change, or in certain other circumstances. Employers must provide employees with:
    • One hour of pay at the employee’s regular rate of pay, in addition to wages earned, for each shift in which the employer:
      1. Adds hours of work; or
      2. Changes the date or start or end time of a scheduled shift with no loss of hours.
    • No less than 50 percent of the employee’s regular rate of pay for any scheduled hours in which the employee does not work because the employer:
      1. Subtracts hours from a regularly scheduled work shift;
      2. Changes the date or start or end time of a scheduled shift, resulting in a loss of hours;
      3. Cancels a work shift; or
      4. Schedules the employee for an on-call shift for which the employee does not need to report for work.

Anti-retaliation Protections: Employers cannot retaliate against employees who exercise their rights under this law.

Fast Food Employees

Eligibility: Hourly employees of fast food chains with 30 or more establishments nationally working in New York City. 

This law requires applicable employers to provide eligible employees with:

• Initial Estimate of Schedule: Upon or before receipt of their first work schedule, an employer must provide a fast food employee with a copy of their regular schedule, including the number of hours they can expect to work per week and the expected days, times, and locations of those hours.
• Advanced Notice of Schedule: 14 days advance notice of schedules. 
  • Employees who are not given sufficient notice have a right to decline any previously unscheduled hours or shifts that their employer adds to their schedule.
• Right to Rest: Right to decline shifts with less than 11 hours between them. For any such shift that a fast food employee works, the fast food employer shall pay them $100.
• Access to Hours: 
  • • A fast food employer cannot reduce a fast food employee’s hours by more than 15% of the highest total hours in the employee’s regular schedule during the last 12 months without the employee’s consent, unless there is just cause or a bona fide economic reason, with certain exceptions.
    • When a fast food employer has additional shifts available, the employer shall, in order:
      1. Make reasonable efforts to reinstate or restore hours to any fast food employees discharged for a bona fide business reason in the last 12 months;
      2. Offer them to fast food employees at all of the employer’s locations, distributing them first to any employees who accept the offer who are employed at the location of the additional shifts; and
      3. If no employees at the location of the additional shifts accept the offer within three days (or less time, if three days is impractical in the circumstances), the employer must distribute the shifts to any employees from other locations who have accepted the offer, and then may proceed to hire new employees. 
  • An employer is not required to offer additional hours to existing employees if the employer would be required to pay the employee at a premium rate.
  • Predictability Pay: Compensation for fast food employees who are subject to employer-initiated schedule changes with less than the required notice, unless the employee requests the change, or in certain other circumstances. Employers must provide employees with:
    • $10, in addition to wages earned, for each change to the work schedule in which:
      1. Additional hours or shifts are added with less than 14 days’ notice but more than 7 days’ notice; or
      2. The date or start or end time of a regular or on-call shift is changed with no loss of hours, with less than 14 days’ notice but more than 7 days’ notice.
    • $15, in addition to wages earned, for each change to the work schedule in which:
      1. Additional hours or shifts are added with less than 7 days’ notice; or
      2. The date or start or end time of a regular or on-call shift is changed with no loss of hours, with less than 7 days’ notice.
    • $20, in addition to wages earned, for each change to the work schedule in which:
      1. Hours are subtracted from a regular or on-call shift with less than 14 days’ notice but more than 7 days’ notice; or
      2. A regular or on-call shift is cancelled with less than 14 days’ notice but more than 7 days’ notice.
    • $45, in addition to wages earned, for each change to the work schedule in which:
      1. Hours are subtracted from a regular or on-call shift with less than 7 days’ notice but more than 24 hours’ notice; or
      2. A regular or on-call shift is cancelled with less than 7 days’ notice but more than 24 hours’ notice.
    • $75, in addition to wages earned, for each change to the work schedule in which:
      1. Hours are subtracted from a regular or on-call shift with less than 24 hours’ notice; or
      2. A regular or on-call shift is cancelled with less than 24 hours’ notice.

Anti-retaliation Protections: Employers cannot retaliate against employees who exercise their rights under this law.

Retail Employees

Eligibility: Retail employees at retail businesses with 20 or more employees working in New York City.

This law requires applicable employers to provide eligible employees with:

• Advanced Notice of Schedule: 72 hours’ advance notice of work schedules.
  • With limited exceptions, a retail employer cannot cancel a retail employee’s scheduled shift with less than 72 hours’ notice, require a retail employee to work with less than 72 hours’ notice, schedule a retail employee for an on-call shift, or require a retail employee to contact the employer to confirm whether or not they should report for a regularly-scheduled shift, less than 72 hours before the start of such shift.

Anti-retaliation Protections: Employers cannot retaliate against employees who exercise their rights under this law.

Most Employees

Eligibility: Employees who work in New York City, except employees of the federal government; employees of the state of New York; employees of the City or any local government; employees who have been employed for fewer than 120 days; employees in the entertainment industry (with limited exceptions); and employees who work fewer than 80 hours in the City per year.

This law requires applicable employers to provide eligible employees with:

• Right to Request Schedule Changes: Employees have the right to request a change to their schedule, including permanent schedule changes. An employer may grant or deny the request but cannot retaliate against an employee for making the request.
• Temporary Schedule Changes: Employees have the right to a temporary schedule change—including, but not limited to, swapping or shifting work hours, using paid time off, working remotely, or using short-term unpaid leave—due to a “personal event” two times a year, for up to one business day per request. Employers may only deny a temporary schedule change request if the employee has already used their two yearly temporary schedule changes.
  • A personal event includes the need to care for a child under 18, care for a family member or someone who lives with you who has a disability and relies on you for care, the need to attend a legal proceeding or hearing for benefits, or the need for safe or sick time.

Anti-retaliation Protections: Employers cannot retaliate against employees who exercise their rights under this law.

Philadelphia Code Title 9 Ch. 9-4600

Eligibility: Hourly employees of retail establishments, hospitality establishments, or food services establishments that have at least 250 employees and 30 locations worldwide.

This law requires applicable employers to provide eligible employees with:

• Initial Estimate of Schedule: Upon hire, an employer must provide a good-faith estimate of the employee’s work schedule, including: the average number of hours the employee can expect to work each week; whether the employee is expected to work any on-call shifts; and the days and times or shifts that the employee can typically expect to work or not work.
  • The employer must revise this good-faith estimate when there are significant changes to the employee’s schedule based on changes in the employee’s availability or the business’s needs.
• Advanced Notice of Schedule: 14 days advance notice of schedules. For new employees and employees returning after a leave of absence, the employer must provide an initial work schedule that runs through the last date of the currently-posted schedule.
  • Employees who are not given sufficient notice have a right to decline any previously unscheduled hours or shifts that their employer adds to their schedule.
• Right to Rest: Right to decline shifts with less than 9 hours between them. For any such shifts that an employee works, the employer shall compensate the employee $40.
• Right to Request Schedule Changes: At the time of hire and during employment, the employee has the right to request changes to their work schedule, including but not limited to requests not to be scheduled to work at certain times or locations, requests to work at certain times or locations, and requests for more or fewer hours.
• Access to Hours: When an employer has additional work shifts available, the employer must offer them to existing qualified employees when the work is available at their work location (up to the overtime limit) before hiring new employees or contractors (including new temp or seasonal employees).
  • The employer must provide written notice of the additional shifts for 72 hours, unless shorter notice is necessary.
  • Employees must accept the offer of additional shifts within 24 hours of the end of the 72-hour posting period.
• Predictability Pay: Compensation for employees who are subject to employer-initiated schedule changes with less than the required notice, unless the employee requests the change, or in certain other circumstances. Employers must provide employees with:
  • One hour of pay at the employee’s regular rate of pay, in addition to wages earned, for each shift in which the employer:
    1. Adds time to the work shift; or
    2. Changes the date, time, or location of a scheduled shift with no loss of hours.
  • No less than 50 percent of the employee’s regular rate of pay per hour for any scheduled hours in which the employer:
    1. Subtracts hours from a regularly scheduled work shift or an on-call shift; or
    2. Cancels a regular work shift or on-call shift.

Anti-retaliation Protections: Employers cannot retaliate against employees who exercise their rights under this law.