Philadelphia Enacts New Predictive Scheduling Law

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By Kelsey Basten

Published on Jan. 29, 2019

Philadelphia Mayor Jim Kenney signed the Fair Workweek Employment Standards Ordinance on Dec. 20, 2018. The ordinance will become effective on Jan. 1, 2020.

The Details

The new predictive scheduling law requires certain industry employers to provide employees advanced notice of work schedules. It also requires employers in these industries to give employees predictability pay for specified schedule changes. Last, the law requires employers to provide a minimum number of hours off between shifts and priority on open shifts.

The ordinance covers employers in the retail, food and hospitality industries with 30 or more locations nationwide (including franchises and chains) and 250-plus employees in total. The 250-employee count includes full-time, part-time and temporary (exempt and nonexempt) workers. It does not cover independent contractors or employees covered by a collective bargaining agreement.

Work Schedules

Under the ordinance, employers must provide new hires with a “good faith” estimate of the employee’s work schedule. Employers must revise the estimated number of hours when there is a significant change to the employee’s work schedule, such as changes in the employee’s availability or the employer’s business needs. Also, upon employment, employers must provide new hires with a written work schedule that goes until the last date of the currently posted schedule.

For current employees, employers must post a work schedule in a conspicuous area. Employers may also post the schedule in an electronic format, as long as all employees have on-site access to the schedule.

Work schedules must be posted no later than 10 days before the first day of a new schedule. This will increase to 14 days’ notice on Jan. 1, 2021.

Rest Hours Between Shifts

Employers must give employees nine hours of rest time between shifts, or after a shift that spans over two days. If an employee opts to work within these nine hours, they must agree to do so in writing and be paid $40 extra for each shift.

Notice Requirement

Employers are required to post an agency-issued notice to inform employees of their rights. As of Jan. 29, 2019, the notice has not yet been released.

Employers are also required to provide new hires with a written notice of the ordinance and scheduling policies.

More About Predictive Scheduling

A few other jurisdictions with predictive scheduling laws include, but are not limited to:

• San Francisco, Emeryville, and San Jose
• Oregon
• Seattle

Want to learn more about predictive scheduling? Check out our blog, Predictive Scheduling: At a Glance.