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A running list of states and localities with predictive scheduling mandates

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Effective date: July 1, 2020

Employers affected: Businesses with 100 or more employees, nonprofits with more than 250 employees, restaurants with at least 30 locations and 250 employees globally. To be eligible, employees must earn less than or equal to $26.00 per hour or earn less than or equal to $50,000 per year as a salaried employee.

The Chicago Fair Workweek Ordinance includes building services, healthcare providers, hotels and manufacturers, as well as the standard retail and food service occupations. Employers must give 10 days’ notice of workers’ schedules; that window will rise to 14 days on July 1, 2022. Employers that make alterations to schedules after that 10-day deadline without mutual agreement to the change must pay one hour of Predictability Pay (one hour of the employee’s regular rate) for each adjusted shift. Employees have the right to decline shifts that start less than 10 hours after the end of the previous shift. Employees that do work shifts that begin less than 10 hours after the end of the previous shift must be paid at a rate of 1.25 times their regular rate of pay. This ordinance, due to its scope, also has a number of exceptions, which can be viewed in the law linked below.

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Effective date: Sept. 1, 2023 (The city delayed enforcement until Jan. 1, 2024.)

Employers affected: Hospitality, retail, warehouse service, manufacturing, and building services that employ or exercise control over 100 or more employees; and food service restaurants with at least 30 locations and 200 employees globally. Franchisees under one of the covered industries with fewer than 100 employees that are associated with a franchisor with more than 30 locations globally are also covered.

Evanston’s fair workweek ordinance requires employers to provide a good faith, “initial estimate” of the employee’s first 90 days of work, including the average number of weekly hours the employee can expect, whether on-call shifts are expected, and times or shifts the employee may be scheduled to work.

Employers are to provide a written notice of work hours no later than 14 days before the first day of a new work schedule. Alterations that are made within that 14-day window but with at least 24 hours of notice require one hour of predictability pay, on top of usual wages. With less notice, up to four hours of pay could be required, depending on the changes.

Employees are also allowed to decline scheduled hours that start less than 11 hours after the end of their previous shift. Employees that consent to such are entitled to 1.5 times the regular rate of pay for that shift.

View the law

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