Last updated: May 2026
Predictive Scheduling Laws in 2026: Which Cities and States Are Next?
Predictive scheduling laws now cover 11 U.S. jurisdictions — including three added since January 2024. Eleven other states have banned these laws entirely. And at least eight more have active legislation under consideration. There is no federal standard.
For multi-location employers, predictive scheduling compliance in 2026 means navigating a two-speed regulatory map: fair workweek ordinances expanding city by city in some states, while preemption laws block them in others.
The gap is widest for enterprises operating across both types of jurisdictions. Your LA County retail locations became subject to fair workweek rules on July 1, 2025. Your Chicago stores have followed a different set of scheduling requirements since 2020. Your Atlanta locations? Georgia banned cities from passing these laws entirely. Same company — three completely different compliance realities.
Which U.S. Jurisdictions Have Predictive Scheduling Laws in 2026?
Eleven U.S. jurisdictions currently enforce predictive scheduling or fair workweek laws. Oregon is the only state with a statewide mandate. The remaining ten are city- or county-level ordinances.
Three jurisdictions have been added since 2024: Berkeley, CA (January 2024), Evanston, IL (January 2024), and Los Angeles County (July 1, 2025).
The table below provides the most current jurisdiction-level reference for predictive scheduling laws by state and city.
| Jurisdiction | Effective | Who's Covered | Advance Notice | Minimum Rest | Predictability Pay | Key Penalty |
|---|---|---|---|---|---|---|
| San Francisco, CA | 2016 | Formula retail — 40+ locations globally, 20+ in SF | 14 days | — | Varies by timing; changes <7 days trigger premium | $500/violation |
| Seattle, WA | 2017 | Retail & food service — 500+ employees worldwide | 14 days | 10 hours | 1 hr regular rate (additions/changes); half rate (reductions) | — |
| New York City | 2017 | Fast food: 30+ locations nationally. Retail: 20+ employees in NYC | 14 days (fast food); 72 hrs (retail) | 11 hours | $10–$75 per change (fast food); $100 clopening premium | $500 first; $750 second; $1,000 subsequent (within 2 yrs) |
| Oregon (statewide) | July 2018 | Retail, hospitality, food service — 500+ employees | 14 days | 10 hours | 1 hr regular rate (additions/changes); half rate (reductions) | — |
| Emeryville, CA | 2018 | Retail & fast food — 56+ employees globally or 20+ in city | 14 days | 11 hours | 1 hr (changes); up to 4 hrs (cancellations <24 hrs) | $1,000/employee; $500/violation |
| Chicago, IL | 2020 | 100+ employees worldwide. Restaurants: 250+ employees, 30+ locations | 14 days | 10 hours | 1 hr for changes <14 days; varies for <24 hrs | — |
| Philadelphia, PA | 2020 | Retail, hospitality, food service — 250+ employees, 30+ locations | 14 days | 9 hours | 1 hr (additions/changes); half rate (reductions); $40 clopening premium | — |
| Los Angeles City, CA | 2023 | Retail — 300+ employees globally | 14 days | 10 hours | 1 hr (additions >15 min); half rate (reductions ≥15 min) | Up to $500/employee/violation |
| Berkeley, CA | Jan 2024 | Building services, healthcare, hospitality, manufacturing, retail, warehouse — 10+ local employees; 56+ globally | 14 days | 11 hours | 1 hr (changes); up to 4 hrs (cancellations <24 hrs) | $1,000/employee + $500/violation + $50 reimbursement |
| Evanston, IL | Jan 2024 | Hospitality, food service, retail, warehouse, building services, manufacturing — 100+ employees worldwide. Franchise networks: 30+ locations | 14 days | 11 hours | 1 hr (changes); up to 4 hrs (cancellations <24 hrs) | — |
| Los Angeles County, CA | Jul 2025 | Retail — 300+ employees globally (unincorporated areas) | 14 days | 10 hours | 1 hr (changes without time loss); half rate (reductions ≥15 min) | — |
Nearly every jurisdiction requires 14 days' advance notice of work schedules. The details diverge sharply beyond that.
Coverage thresholds range from 10 employees (Berkeley) to 500 (Oregon, Seattle). Rest periods range from 9 hours (Philadelphia) to 11 hours (New York City, Berkeley, Emeryville, Evanston). Penalty structures vary from $500 per violation in San Francisco to $1,000 per employee plus $500 per violation in Berkeley and Emeryville.
Which States Ban Predictive Scheduling Laws?
The expansion story is only half the picture. Eleven states have passed preemption laws that explicitly prohibit local governments from enacting predictive scheduling ordinances: Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Michigan, Ohio, Tennessee, and Wisconsin.
These preemption laws are a direct legislative response to the fair workweek movement. Georgia's preemption statute was specifically framed to prevent municipalities from imposing scheduling mandates on employers.
Which States Are Considering Predictive Scheduling Laws?
At least nine states have introduced or actively considered predictive scheduling legislation in 2025–2026:
- Connecticut
- Hawaii
- Illinois (statewide expansion beyond Chicago and Evanston)
- Massachusetts
- Minnesota
- New Jersey
- North Carolina
- Rhode Island
- West Virginia
What Are the Penalties for Violating Predictive Scheduling Laws?
Predictive scheduling penalties are assessed per violation, per employee, and per jurisdiction.
Per-violation penalties by jurisdiction:
- San Francisco: $500 per violation
- Los Angeles City: Up to $500 per employee per violation
- New York City: $500 (first offense), $750 (second), $1,000 (third and subsequent) — within a two-year window
- Berkeley and Emeryville: $1,000 per employee plus $500 per violation
What Should Multi-Location Employers Do About Fair Workweek Compliance?
Three actions matter now.
First, audit your jurisdiction exposure. Map every location against the 11 current jurisdictions and the 8 pending states. Know where you're covered today and where you may be covered by 2027.
Second, stop managing compliance location by location. The patchwork of different coverage thresholds, notice periods, predictability pay rules, and penalty structures makes per-location manual processes unsustainable.
Third, watch the enforcement trend, not just the legislation. New York City and Seattle show that existing laws are being enforced more aggressively than ever.
Frequently Asked Questions
What is predictive scheduling?
Predictive scheduling laws — also called fair workweek laws — require employers to provide work schedules to employees a set number of days in advance (typically 14 days)
What is predictability pay?
Predictability pay is the premium employers owe when they change a posted work schedule within the advance notice window. Rates vary by jurisdiction.
Do predictive scheduling laws apply to salaried employees?
Most predictive scheduling laws target hourly employees in retail, hospitality, and food service industries.