Predictability pay, also known as predictive scheduling, refers to laws requiring employers to provide hourly and part-time workers with consistent, advance notice of their work schedules. When employers make last-minute changes, affected employees may be entitled to additional pay. These laws aim to promote financial stability and fairness, particularly in industries like retail and hospitality. 

Key Features of Predictive Scheduling Laws:

• Employers must provide work schedules in writing upon hire and update them regularly. 
• Employees receive advance notice, typically one or two weeks before shifts. 
• Changes made within the required notice period may entitle employees to extra pay. 
• Some laws protect against “clopening” (working a late-night closing shift followed by an early morning opening shift). 

Oregon Predictive Scheduling Law 

Since July 1, 2018, Oregon has enforced a statewide predictive scheduling law for businesses with 500+ employees, covering retail, hospitality, and food service workers. 

• Advance Notice Requirement: 14 days for both hourly (non-exempt) and salaried (exempt) employees. 
• Covered Schedule Changes (within 14 days): 
  • Adding or reducing hours 
  • Cancelling shifts 
  • Changing shift start or end times 
• Employer Payment Obligations: 
  • For shift changes of the same length: 1 hour of extra pay. 
  • For shortened or canceled shifts: 50% of lost wages. 
• Voluntary Standby Lists: Employees may opt-in to receive extra shifts without penalty or additional predictability pay. 
• Enforcement: Workers earning under $53,000 can seek help from the Oregon Bureau of Labor and Industries (BOLI); higher earners must file private lawsuits. 

Predictability Pay in California 

While California lacks a statewide predictive scheduling law, several cities enforce local ordinances, including: 

San Francisco (Formula Retail Employee Rights Ordinance – FRERO) 

Applies to businesses with 40+ retail establishments worldwide. 

• Requirements: 
  • Good faith estimates of work hours 
  • 2-week advance schedule notice 
  • On-call shifts without work: 2–4 hours of pay 
  • Schedule changes within 14 days: 1–4 hours of additional pay 
• Additional Protections: Retention of employees for 90 days after a business sale or transfer. 

Los Angeles (Fair Work Week Ordinance, Effective April 2023) 

Applies to large retail employers. 

• Requirements: 
  • 14-day advance scheduling notice 
  • Last-minute changes: 
  • Adding hours: 1 hour extra pay 
  • Shortened shifts: Half pay for lost hours 
  • Canceled shifts: Half pay for scheduled hours 
• Exceptions: 
  • Employee-requested schedule changes 
  • Unforeseen circumstances (e.g., business closure) 
  • Overtime-exempt employees 

Berkeley (Fair Workweek Ordinance, Effective January 2024) 

Covers multiple industries, including hospitality, healthcare, retail, restaurants (100+ employees), warehouses, manufacturing, and building services. 

• Advance Notice: 14 days 
• Compensation for Changes: 
  • Changes made >24 hours before shift: 1 hour extra pay 
  • Changes <24 hours before shift: 
  • Shift reductions/cancellations: Full pay for lost hours (up to 4 hours) 
  • Shift additions/modifications: 1 hour extra pay 
• Right to Rest: 
  • Employees can decline shifts within 11 hours of a prior shift. 
  • If accepted, must be in writing, with 1.5x pay (similar to CA overtime rates). 

Emeryville (Fair Workweek Ordinance, Effective July 2017) 

Applies to retail and fast-food employers with 55+ global employees and 20+ in Emeryville. 

• Predictability Pay: 
  • 1 hour extra for schedule changes made 24+ hours before a shift 
  • Full pay for lost hours (up to 4 hours) for schedule changes within 24 hours 
• Exemptions: 
  • Employee-requested schedule changes 
  • Employees covering for absent coworkers 

Other Cities & States with Predictive Scheduling Laws 

• Chicago, IL (Fair Workweek Ordinance, since 2020): 14-day notice, extra pay for changes. 
• New York, NY (Fair Workweek Law, since 2017): Applies to retail and fast food employers. 
• Philadelphia, PA (Fair Workweek Employment Standards, since 2020): 14-day notice required. 
• Seattle, WA (Secure Scheduling Ordinance, since 2017): Predictability pay for last-minute schedule changes. 

Illinois One Day Rest in Seven Act (ODRISA) 

Though not a predictive scheduling law, Illinois requires employees to receive at least one full 24-hour rest period every seven days (effective January 2023). Employers violating this law may face penalties up to $500 per offense. 

Know Your Rights – Speak with an Attorney 

If your employer fails to provide proper predictability pay, you may be entitled to compensation. Schneider Wallace Cottrell Konecky LLP represents employees in wage and hour disputes, including class actions for unpaid wages and overtime. 

For a consultation, contact us: 

• Phone: 1-800-689-0024 
• Email: info@schneiderwallace.com