Employee Scheduling for Hourly Teams in 2026: Predictive Scheduling Laws and the Software That Handles Them

Which Predictive Scheduling Laws Apply to Hourly Teams in 2026?

As of August 2026, predictive scheduling laws cover Oregon statewide plus New York City, Chicago, Evanston, Seattle, San Francisco, Emeryville, Berkeley, Los Angeles city and county, and Philadelphia. Almost all require 14 days of advance notice, a premium when you change a posted shift, and a rest period between shifts. Most only reach employers with 100 to 500 or more employees, so a 30-person cafe is usually exempt unless it belongs to a larger chain. Your scheduling software still matters, because the records these laws demand are the same ones a wage-hour audit expects.

Quick definition: Predictive scheduling laws, also called Fair Workweek laws, are state and city rules that require covered employers to post hourly employees' schedules in advance (typically 14 days), pay a premium called predictability pay when they change a posted shift on short notice, and provide a minimum rest period between closing and opening shifts.

Where Do Fair Workweek Laws Apply, and Who Is Covered?

There is no federal predictive scheduling law. Coverage is one state and a handful of cities, and every ordinance draws its own lines on industry and employer size. Here is the list as confirmed against Workforce.com's jurisdiction guide and Homebase's 2026 summary, both updated in July 2026.

JurisdictionIndustries coveredEmployer size thresholdNoticePredictability pay and rest rule Oregon (statewide)Retail, hospitality, food service500+ employees worldwide14 days1 hour of pay per added or changed shift; half rate for canceled hours; 10-hour rest New York City (fast food)Chains with 30+ locations nationally30+ locations14 daysFlat $10 to $75 per change by timing; $100 per consented clopening; 11-hour rest New York City (retail)Retail20+ employees in NYC72 hoursNo premium; on-call shifts banned, violations penalized Chicago, ILBuilding services, healthcare, hotels, manufacturing, retail, warehouse; large restaurant chains100+ worldwide (restaurants 250+ and 30+ locations)14 days1 hour per change; half rate for reductions; 10-hour rest at 1.25x if worked Evanston, ILHospitality, retail, warehouse, manufacturing, building services100+ employees14 days1 hour per change; up to 4 hours for cancellations under 24 hours; 11-hour rest Seattle, WARetail, food service500+ worldwide14 days, in writing1 hour per change; half rate for reductions; 10-hour rest; records kept 3 years San Francisco, CAFormula (chain) retail40+ locations worldwide, 20+ staff in SF14 days1 to 4 hours of pay depending on notice given Emeryville, CARetail, fast food56+ worldwide (20+ local for fast food)14 days1 hour per change; up to 4 hours for cancellations under 24 hours; 11-hour rest Berkeley, CARetail, hospitality, healthcare, building services, manufacturing, warehouse10+ in Berkeley plus 56+ worldwide (100+ for restaurants)14 days1 hour per change; up to 4 hours for cancellations under 24 hours; 11-hour rest Los Angeles city and unincorporated county, CARetail300+ worldwide14 days1 hour per added or moved shift; half rate for reductions; 10-hour rest Philadelphia, PARetail, hospitality, food service250+ employees and 30+ locations14 days1 hour per change; half rate for reductions; 9-hour rest with $40 clopening premium

Two things stand out for a small employer. Only Berkeley and New York City retail reach businesses with fewer than 100 employees, and Berkeley adds a global headcount test on top. And eleven states block cities from passing these laws at all: Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Michigan, Ohio, Tennessee, and Wisconsin, per the same Homebase guide.

Why Should a Small Business Care if It Is Under the Threshold?

Three reasons. Thresholds count employees worldwide, so a franchise location with 30 staff is covered once the franchisor crosses 500. Ordinances get amended and notice periods lengthen (Chicago went from 10 days in 2020 to 14). And the discipline these laws force is what the FLSA already expects: payroll records kept at least three years and the time cards and work schedules behind them for two, under 29 CFR 516.5 and 516.6. Our guide to attendance records for wage-hour compliance covers that federal side.

How Does a Small Employer Set Up a Compliant Scheduling Process?

You need a rhythm and a paper trail, not a lawyer.

1. Determine coverage. Check every location against the table above: industry, local headcount, worldwide headcount, and location count. Note the date you checked, because thresholds change.
2. Give every new hire a good-faith estimate. One signed paragraph stating expected weekly hours, typical days and shift times, and whether on-call shifts are used, filed with the offer letter.
3. Set a 14-day posting rhythm. Pick a fixed day and post two weeks ahead, every week, in writing and in the app, visible to every affected employee.
4. Log every change after posting. Who requested it, when the employee was told, written consent, and the reason. Employee-initiated swaps are usually exempt from premiums, but only if you can prove the employee asked.
5. Pay premiums in the same pay period. One hour at the regular rate for a moved or added shift, half rate for canceled hours, and a rest premium for any consented clopening, each as its own line on the payslip.
6. Keep records for three years. Posted schedules, change logs, consent forms, good-faith estimates, and payroll showing the premiums. Seattle requires three years explicitly; matching the federal payroll period elsewhere keeps you safe.

Which Shift Scheduling Software Handles Predictive Scheduling?

A general HRIS will not do this job. Shift scheduling software builds the rota, pushes it to phones, tracks swaps, and, on the better plans, flags a change that will trigger predictability pay before the manager saves it. Prices are publicly listed as of August 2026; they change often, so confirm with the vendor before you budget.

ToolPricing model (as of August 2026)Best fitPredictive scheduling support HomebasePer location: free Basic for up to 10 employees; Essentials $30, Plus $70, All-in-One $120 per month (less on annual billing)Single-site cafes, shops, and salonsPublishing, swap requests, compliance guidance on higher plans DeputyPer user: Lite $5, Core $6.50, Pro $9 per month; $30 monthly minimumMulti-location retail and hospitality, 20 to 200 staffNamed Fair Workweek compliance on Core and Pro, plus auto-scheduling When I WorkPer user: Essentials $2.50, Pro $5, Premium $8 per month; 14-day trialBudget teams that mainly need publishing and swapsPublishing and change history; premium math is manual 7shiftsPer location, restaurant-specific tiers; check the vendor site for current pricesRestaurants and bars with tips and POS integrationRestaurant labor compliance, including scheduling-law alerts on paid plans Workforce.comQuote-only; scheduling, HR, and payroll modulesHourly operations of 100+ that want scheduling and payroll in one contractDedicated Fair Workweek module ConnecteamFree for up to 10 users; Operations Hub Basic $29, Advanced $49, Expert $99 per month for the first 30 users, then per-user add-onsDeskless teams that also need forms, checklists, and chatScheduling and time clock; premiums tracked through custom forms, not built-in rules

If you are covered today, shortlist Deputy, 7shifts, or Workforce.com, because they name the ordinances and warn before a violating change goes out. If you are not covered but want the discipline, Homebase or When I Work will publish schedules two weeks out at a price a 15-person team can justify.

Where Does an HRIS Fit Alongside a Scheduling Tool?

Scheduling software plans the future: who works when. An HRIS records the past: who actually worked and what they were paid.

TracefyHR does not build shift rotas, so it is not a substitute for any tool in the table above. What it does is the record side. Employees check in and out each day and the server stamps the time, which ends the argument over whose phone clock was right and closes the door on buddy punching and time theft. Those records sit next to the payroll run that paid them, exportable to CSV, the shape wage-hour investigators ask for.

For the change log and premiums, Forge AI fills the gap. You describe the form in plain English: employee, original shift, new shift, date notified, who initiated the change, written consent attached, reason, and a premium calculation of one hour at the regular rate for a moved shift or half rate for canceled hours. It builds the form, a manager approval step, and a payroll link that adds the approved premium to that month's bonus line, with version history and CSV export for the three-year file. We covered the rest of a restaurant's HR stack, including tip pooling, in our post on restaurant HR software and scheduling.

Worked Example: A 30-Person Cafe Changing 12 Shifts in a Month

Take a Portland, Oregon cafe with 30 hourly staff averaging $18 per hour. It belongs to a hospitality group with over 500 employees worldwide, so Oregon's law applies despite the site being small. In a typical month the manager makes 12 changes after the 14-day posting.

Change typeCountPremium rule (Oregon)Cost Shift moved to a different time or day, same hours51 hour at regular rate per change5 x $18 = $90 Extra 4-hour shift added inside the notice window21 hour at regular rate per change2 x $18 = $36 6-hour shift canceled inside the notice window3Half the regular rate for each unworked hour3 x 6 x $9 = $162 Employee-requested swap, documented2No premium when the employee initiates in writing$0 Total12$288

Two lessons sit in that table. Cancellations cost the most, so a manager who trims hours by canceling shifts is the expensive habit to fix. And the swaps only cost nothing because the written request was on file; without it, an investigator treats them as employer changes and adds $36 plus a penalty. Over a year, $288 a month is about $3,500: real money for a cafe, but far less than three years of back pay on untracked changes.

Key Takeaways

• Predictive scheduling laws exist in Oregon and roughly ten cities, most with 14-day notice, predictability pay, and a 9 to 11 hour rest period.
• Most thresholds start at 100 to 500 employees worldwide, so small independents are usually exempt, but franchise locations of large chains are not.
• The routine: confirm coverage, post two weeks ahead, log every change with consent, pay premiums in the same period, keep records three years.
• Shift scheduling software builds the rota; an HRIS keeps the attendance and payroll record the audit needs.
• A 30-person cafe making 12 late changes a month owes roughly $290 in premiums under Oregon's rules.

Pick the scheduling tool for the size and industry you actually are, then make sure the hours it plans land somewhere that records them properly. Our comparison of attendance tracking software shows where each tool stops, and the TracefyHR setup for restaurants shows how server-stamped attendance, a Forge AI change log, and monthly payroll fit together on one flat fee.

Frequently Asked Questions

What is a predictive scheduling law?

A state or city rule requiring covered employers to post hourly schedules in advance, usually 14 days, pay a premium for late changes, and give employees a minimum rest period between shifts.

Which states have predictive scheduling laws in 2026?

Oregon is the only statewide law. Cities with ordinances include New York City, Chicago, Evanston, Seattle, San Francisco, Emeryville, Berkeley, Los Angeles, and Philadelphia.

How much notice do fair workweek laws require?

Fourteen days in nearly every jurisdiction. New York City's retail rule is the exception at 72 hours, and Chicago phased up from 10 days to 14.

What is predictability pay?

A premium owed when an employer changes a posted shift on short notice, typically one hour of pay for a moved or added shift and half the regular rate for canceled hours.

Do predictive scheduling laws apply to small businesses?

Rarely. Most thresholds start at 100 to 500 employees worldwide. Berkeley (10+ local staff) and New York City retail (20+ staff) are the main exceptions, and franchisees count the parent's headcount.

Does an employee-requested shift swap trigger predictability pay?

Usually not, provided the employee initiated the change and you have written proof, such as a signed form or an app request logged with a timestamp.

Does TracefyHR include shift scheduling?

No. It records server-stamped check-ins, runs payroll, and lets Forge AI build a change log with premium calculations, but you still need a scheduling tool to build the rota.