Predictive Employee Scheduling Laws in the USA (2025)

Employee scheduling laws are evolving rapidly in the United States, especially with the rise of predictive scheduling mandates in certain states and cities. While there is no federal predictive scheduling law yet, various jurisdictions have implemented regulations requiring advance notice of work schedules, rest periods between shifts, and compensation for last-minute changes. This guide compiles everything employers need to know to stay compliant and protect employee rights.

What is Predictive Scheduling?

Predictive scheduling refers to labor laws that require employers to provide employees with advance notice of their work schedules, typically at least 7 to 14 days ahead of time. These laws are designed to promote fairness and stability for workers by limiting last-minute schedule changes, ensuring adequate rest between shifts, and requiring additional pay known as predictability pay when changes are made without proper notice. Predictive scheduling laws often apply to industries with variable shifts, such as retail, food service, and hospitality.

Federal Employee Scheduling Laws

While the United States does not currently have a federal predictive scheduling law, several national labor regulations indirectly shape how employers handle scheduling responsibilities. These laws aim to protect employee rights related to pay, leave, anti-discrimination, and accommodations, all of which can impact scheduling decisions.

1. Fair Labor Standards Act (FLSA)

The FLSA mandates that employers pay minimum wage and provide overtime compensation at 1.5 times the regular rate for any hours worked over 40 in a single workweek. However, the FLSA does not regulate how far in advance employers must post schedules or the flexibility in assigning shifts. Employers are required to accurately track all employee work hours for compliance and payroll purposes.

2. Family and Medical Leave Act (FMLA)

The FMLA applies to private-sector employers with 50 or more employees. It grants eligible employees up to 12 weeks of unpaid, job-protected leave annually for qualifying family and medical reasons. Employers must not retaliate against employees for taking leave and are prohibited from using scheduling as a means to penalize workers returning from FMLA leave.

3. Title VII of the Civil Rights Act

Under Title VII, it is illegal for employers to discriminate in scheduling practices based on race, color, religion, sex, or national origin. Additionally, employers must make reasonable accommodations for religious practices, which may include adjusting work schedules, unless doing so causes undue hardship to the business.

4. Americans with Disabilities Act (ADA)

The ADA requires employers to provide reasonable accommodations to qualified individuals with disabilities. This may include flexible scheduling or modified shift times to enable the employee to perform essential job functions, provided the accommodation does not impose an undue burden on the employer.

5. National Labor Relations Act (NLRA)

In workplaces where employees are unionized, the NLRA governs collective bargaining processes, which can include specific agreements around scheduling. Union contracts often define how schedules are created, how changes are handled, and how shift assignments are distributed based on seniority or availability.

States That Preempt Local Scheduling Laws

The following states have preemption laws blocking local governments from enacting their own predictive scheduling mandates:

• Alabama
• Arkansas
• Florida
• Georgia
• Indiana
• Iowa
• Kansas
• Michigan
• Ohio
• Tennessee
• Wisconsin

Oregon Predictive Scheduling Laws

Oregon remains the only U.S. state with a comprehensive predictive scheduling law. The law applies to employers in the retail, hospitality, and food service industries with 500 or more employees worldwide. Businesses must provide employees with their work schedules at least 14 days in advance.

If changes are made without sufficient notice, employers must offer “predictability pay” as compensation. In addition, employees must be given at least 10 hours of rest between shifts, or they must be compensated with overtime pay if this condition is not met.

City-Level Predictive Scheduling Laws

Berkeley, California (Effective 2025)

Berkeley’s predictive scheduling law applies to employers in retail, healthcare, manufacturing, and other sectors with 56 or more employees globally. The ordinance requires that work schedules be posted at least 14 days in advance and mandates a minimum of 11 hours of rest between consecutive shifts.

Emeryville, California

In Emeryville, the law affects fast food and retail businesses with at least 56 employees globally and 20 or more employees locally. Employers are required to provide employees with their work schedules at least 14 days in advance. Additionally, there must be a minimum rest period of 11 hours between shifts.

Los Angeles, California (Effective 2023)

Los Angeles requires retail employers with 300 or more employees globally to provide schedules at least 14 days in advance. Workers must also be given at least 10 hours of rest between shifts. Changes made within the 14-day period may require employers to offer additional compensation.

Los Angeles County (Unincorporated Areas), California (Effective July 2025)

Los Angeles County’s Fair Workweek Ordinance applies to retail employers operating in unincorporated areas of the county with 300 or more employees globally. Employers must provide work schedules at least 14 days in advance and ensure a minimum of 10 hours of rest between shifts, or pay overtime if this is not met.

Schedule changes made within the 14-day window require predictability pay. Employers must also provide a good faith estimate of hours at the time of hire and offer additional hours to existing part-time staff before hiring new employees.

San Francisco, California

San Francisco’s ordinance applies to formula retail businesses with 20 or more employees. It mandates that schedules be posted at least 14 days in advance and that employers maintain scheduling and payroll records for a minimum of three years.

Chicago, Illinois

Chicago’s Fair Workweek Ordinance covers employers in industries such as retail, healthcare, hospitality, manufacturing, restaurants, and warehouse services, provided they have at least 100 employees globally. Employers must provide employee schedules 14 days in advance and allow for a minimum of 10 hours of rest between shifts. Predictability pay applies when schedules are changed without proper notice.

New York City

New York City's Fair Workweek Law applies to fast food and retail employers. It requires that schedules be posted at least 14 days in advance. Employers must also provide protections from reduced hours without just cause and offer predictability pay for any schedule changes made within the notice window.

Philadelphia, Pennsylvania

Philadelphia’s predictive scheduling law covers large food service, hospitality, and retail employers with at least 250 employees and 30 or more locations globally. Employers must provide employee schedules at least 14 days in advance and ensure at least nine hours of rest between scheduled shifts.

Seattle, Washington

Seattle’s secure scheduling law applies to food service and retail employers with 500 or more employees globally. It requires that work schedules be posted at least 14 days in advance and mandates a 10-hour rest period between closing and opening shifts. Predictability pay is also required for last-minute changes.

Employee Consent and Voluntary Schedule Changes

Several predictive scheduling laws allow employees to decline added shifts or changes made after the official schedule is posted, unless they voluntarily agree to the adjustment. This protects workers from being required to accept last-minute hours and helps ensure fair treatment.

In jurisdictions like New York City, Chicago, Seattle, and Philadelphia, employers must obtain employee consent, often in writing, before assigning additional hours outside of the posted schedule. When a schedule change is voluntarily accepted by the employee, predictability pay may not be required.

These provisions reinforce the goal of predictive scheduling laws: to give workers more control, stability, and transparency over their work hours.

Recordkeeping Requirements

Several jurisdictions that enforce predictive scheduling laws also require employers to maintain detailed records related to employee schedules and compliance efforts. These include documents such as posted schedules, time and attendance records, payroll data, and any communications or acknowledgments related to schedule changes.

Cities like San Francisco, Seattle, and Chicago mandate that employers retain such records for a minimum of three years. These records may be reviewed by labor enforcement agencies to verify whether an employer provided proper notice, offered predictability pay, or honored rest period rules.

To reduce legal risk and simplify compliance, employers are encouraged to use automated tools such as cloud-based employee scheduling software. These systems can generate, store, and update schedules in real time while maintaining a verifiable history of all changes and employee responses.

Summary

There is no nationwide U.S. law requiring advance scheduling notice, but federal labor laws regulate pay, leave, discrimination, and accommodations that affect how employers schedule staff. At the state and city level, predictive scheduling laws are active in Oregon and major cities like San Francisco, Chicago, and New York City.

Employers must stay informed about where they operate and use scheduling tools to ensure compliance. By aligning with these laws, businesses can avoid penalties, enhance workforce satisfaction, and foster operational transparency.