Fair Workweek

What Is a Fair Workweek?

Fair workweek laws — also called predictive scheduling or secure scheduling laws — require employers to give hourly workers advance notice of their schedules, typically 14 days. If an employer changes the schedule after that window closes, they owe the worker extra pay, often called "predictability pay."

These laws exist because last-minute schedule changes make it nearly impossible for workers to plan childcare, transportation, second jobs, or coursework. The goal is straightforward: give people enough notice to build a life around their work schedule.

Where Fair Workweek Laws Apply

Fair workweek laws are local and state-level — there's no federal version. As of 2025, major jurisdictions with fair workweek laws include Oregon (statewide), San Francisco, New York City, Seattle, Chicago, Philadelphia, and Los Angeles. Most apply to retail, food service, and hospitality employers above a certain size, though specifics vary by city.

The details differ, but the core requirements are similar: advance schedule posting, predictability pay for changes, rest time between closing and opening shifts (sometimes called "clopening" protections), and good-faith estimates of expected hours at the time of hire.

How Fair Workweek Laws Affect Businesses

For businesses that rely on hourly workers, fair workweek laws add a layer of scheduling discipline. You can't just text someone at 10 PM and tell them to come in tomorrow — or if you do, you'll owe them premium pay for the short notice.

The operational impact is real: managers need to plan further ahead, track schedule changes carefully, and document compliance. Businesses that already use workforce management tools tend to adapt faster, since the scheduling infrastructure is already in place.

Fair Workweek and On-Demand Staffing

Here's where it gets interesting for businesses using flex staffing. Fair workweek laws typically apply to an employer's own employees — not to workers sourced through a staffing platform. That means if you need to fill a last-minute gap, bringing in a flex worker through a platform like GigSmart can be a compliant alternative to calling in your own team on short notice.

This doesn't mean fair workweek laws don't matter if you use flex staffing — you still need to comply for your core team. But having access to on-demand workers gives you a pressure valve when schedules shift unexpectedly.

Related Terms

Predictive Scheduling Laws · Labor Law Compliance · Just-in-Time Staffing · Self-Scheduling · Shift Swapping