Predictive Scheduling Laws – 4 Tips To Comply with the Fair Workweek Law

Derek Jones

Derek Jones

VP of Business Development, Deputy Americas

August 02, 2017

Predictive Scheduling Laws – 4 Tips To Comply with the Fair Workweek Law

Derek Jones, VP of Business Development, Deputy Americas
August 02, 2017


Predictive Scheduling Laws

Recently, New York City passed the “Fair Work Week” legislative package — four laws that aim to persuade predictable schedules to over 65,000 fast food and retail workers. The Fair Work Week package includes 5 separate bills (Int 1384-2016, Int 1387-2016, Int 1388-2016, Int 1395-2016, and Int 1396-2016).  These predictive scheduling laws aim to protect retail and fast food employees from unfavorable scheduling practices. Opponents of the bill state schedule flexibility are actually desired by most employees and costs will be pushed to the consumer. NY follows San Francisco and Seattle in passing a similar bill with Chicago not far behind.

The best way to stay on the right side of the law is to invest in an employee scheduling tool. Deputy can help your business stay compliant with these strict laws. Deputy’s mission to transform the workforce for employees and employers using technology. Give Deputy a try by signing up below for a free 30-day trial:



The new bill, going into effect on Nov 26th, 2017 will require employers to:

  • Give employees a written notice of schedules no less than 14 days in advance.
  • If a schedule changes within 2 weeks, the employer must pay the employee $10 to $75 depending on the situation.
  • Stop the practice of “clopening”— scheduling workers to work closing shifts and then opening shifts on consecutive days. Employees must have 11 hours off between shifts, but if they work sooner, the business must pay the worker $100.
  • Give current employees the option to take new shifts before hiring any new employees. This will allow existing employees to option to move from part-time to full-time employment or give them the additional hours they want.
  • Allow employees to deduct part of their salary for donation to a nonprofit.

Predictive scheduling laws are becoming the latest trend in workplace regulations. Over the past year, these “fair scheduling” laws have been passed by San Francisco, Seattle and several other cities as legislators and labor organizations have become more active in pushing for additional benefits for employees. If you’d like to check out a prerecorded webinar with Littler Law on the subject and how your business can comply to avoid harsh penalties, click here.

To learn about how Deputy can help you to fulfill your responsibilities under the predictive scheduling laws, download our informative eBook below.

Download Predictive Scheduling eBook

“It’s safe to assume, that predictable scheduling laws will be proposed in many of the same cities where coalitions have pushed for a $15 minimum wage and mandatory paid sick leave,” says, Bryan O’Connor, an attorney with Jackson Lewis P.C. He adds, “But it creates more delays and complexity for employers that need to quickly resolve scheduling issues.”

4 Tips To Comply with the Fair Workweek Law

These predictive scheduling laws might be coming to a city near you, so what can your business do to comply with these new regulations?

  • 1. Know If Your Business Is Impacted
    • If you offer food, guests order and pay before receiving their food, provide limited service, and/or are part of a national franchise brand with 30 or more locations, you will likely fall under the fast-food designation.
    • If your retail store has 20 or more employees at one or multiple stores that sell consumer goods or your store is part of a retail chain, all the employees in that establishment must be counted.
  • 2. Educate Your Scheduling Managers
    With the number of changes, your lowest level managers who handle schedules, call-outs, etc. need to know the new rules and have a plan for compliance. Download the Littler Compliance Toolkit to get started with creating that plan.
  • 3. Provide Notice by Hanging the New Posters
    Notice: According to Littler, “The Fair Workplace legislative package directs the creation of an office of labor standards.  The director of that office is required to publish posters that outline all of the rights and protections created by this package. These notices will be available on the New York City website for download. Every fast food and retail employer is required to post a copy of these notices in a conspicuous location, provided that any employee works at a job site covered by the new laws. For the scheduling laws, the employer will also be required to post the notice in English and in any other language spoken by at least five percent of the employees at that job site.
  • 4. Keep and Maintain Records
    Employers must now save 3 years of data pertaining to offered hours, schedule changes, time off requests, shift swap requests from employees, shift change requests from employees in writing, shift cancellations, and more — furthermore, the employer is required to provide schedule changes via electronic means if the schedule is routinely provided via similar electronic means.

Download our guide on NYC's Fair Workweek to stay updated on this legislation.

Important Notice
The information contained in this article is general in nature and you should consider whether the information is appropriate to your needs. Legal and other matters referred to in this article are of a general nature only and are based on Deputy's interpretation of laws existing at the time and should not be relied on in place of professional advice. Deputy is not responsible for the content of any site owned by a third party that may be linked to this article and no warranty is made by us concerning the suitability, accuracy or timeliness of the content of any site that may be linked to this article. Deputy disclaims all liability (except for any liability which by law cannot be excluded) for any error, inaccuracy, or omission from the information contained in this article and any loss or damage suffered by any person directly or indirectly through relying on this information.

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Derek Jones
Derek is the VP of Business Development in North America and has 16+ years’ experience in delivering data-driven sales and marketing strategies to SaaS companies.

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