Predictive Scheduling Laws in the US: Where They Apply and What They Require
30 October 2026 · The Rosterly team · 5 min read
Predictive scheduling laws require covered employers to give workers their schedules in advance, usually 14 days, and to pay extra for late changes. There's no federal law. Oregon has a statewide law, and cities including New York City, Seattle, Chicago, Los Angeles, San Francisco and Philadelphia have their own. Most apply only to large employers in retail, food service and hospitality.
These rules are also called fair workweek or secure scheduling laws. If you run a small independent café, you're probably not covered. If you're part of a large chain or franchise, you may be, even at a single site. This is general information, not legal advice; check the official pages for your city before relying on it.
What these laws usually require
The details vary, but most predictive scheduling laws share four features:
1.
Advance notice. Schedules must be given to workers a set number of days before the first shift, often 14 calendar days.
2.
Pay for late changes. If the employer changes a posted schedule inside the notice window, the worker gets extra pay, often called predictability pay.
3.
Rest between shifts. Some laws limit "clopening" (a close followed by an open) unless the worker agrees, with premium pay if they do.
4.
Offer hours to existing staff first. Some laws require extra hours to be offered to current part-timers before hiring.
Oregon (statewide)
Oregon's Bureau of Labor and Industries says the law covers retail, hospitality and food services employers with at least 500 employees.
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Notice: written schedules at least 14 calendar days before the first day on the schedule, posted where workers can see them.
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Rest: without the worker's request or consent, an employer can't schedule work in the first 10 hours after the previous day's shift ends. Hours worked in that window are paid at one and a half times the regular rate.
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Late changes: these can trigger an extra hour of pay, with listed exceptions such as changes of under 30 minutes.
New York City
The NYC Department of Consumer and Worker Protection enforces separate rules for fast food and retail:
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Fast food: schedules 14 days in advance, covering at least seven days, with premium pay for employer changes inside that window. A "clopening" shift needs the worker's written consent and a $100 premium.
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Retail: schedules 72 hours before the first shift on the schedule, and shifts can't be cancelled with less than 72 hours' notice.
Coverage thresholds apply to both, so check the DCWP pages for the current definitions.
Seattle
Seattle's Secure Scheduling Ordinance covers retail and food service employers with 500 or more employees worldwide, and full-service restaurants with 500 or more employees and at least 40 full-service locations worldwide.
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Notice: schedules at least 14 calendar days in advance.
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Rest: employers generally can't schedule a closing and opening shift less than 10 hours apart unless the employee requests or consents. Hours inside that rest period are paid at time and a half either way.
Chicago
Chicago's Fair Workweek ordinance covers employers primarily in seven industries:
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building services and healthcare
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hotels and restaurants
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manufacturing and retail
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warehouse services
The general threshold is 100 or more employees globally (250 for not-for-profits), with at least 50 covered employees. Restaurants have their own test: 250 employees and 30 locations.
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Notice: schedules at least 14 days before the first workday, a requirement in place since 1 July 2022.
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Late changes: a shift change within the 14 days generally earns an extra hour of predictability pay.
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Who's protected: coverage depends on a worker's pay, with thresholds that rise each year.
Los Angeles
Los Angeles' Fair Work Week Ordinance, in force since 1 April 2023, covers retail businesses with at least 300 employees globally. A worker is covered if they do at least two hours of work in the city in a week. Schedules must be provided at least 14 calendar days before the work period, with predictability pay for employer-initiated changes inside that window.
Other cities
San Francisco, Philadelphia, Emeryville, Berkeley and Los Angeles County also have scheduling ordinances, each with its own coverage rules. HR Dive keeps a running list, and each city's labor standards office publishes the current requirements.
Check coverage first
Most of these laws turn on headcount across the whole company, sometimes worldwide, not at one site. A franchisee or a single store of a large chain can be covered even with a small local team.
How to stay on the right side of these rules
Even if you aren't covered, the habits these laws require make for better rosters:
you can build and publish rosters weeks ahead, and staff see them on their phone straight away
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swaps and cover need a manager's approval
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actions are kept in the workspace's audit trail
It doesn't calculate predictability pay, track legal notice windows or warn about rest periods between shifts, so covered employers need to apply those rules themselves or in payroll. For a general approach to building a roster, see our guide to making a staff roster; for swaps, our shift swap policy guide.