Predictive Scheduling
Predictive scheduling and fair workweek laws: where they apply, advance notice, predictability pay, clopening rules and what they mean for staffing agencies.September 25, 2026
5 min read
Scheduling
Written by the NextCrew team
Definition
Predictive scheduling, also called fair workweek, is a set of state and city laws that require certain employers to post work schedules in advance, usually 14 days, and to pay extra when they change a schedule on short notice. Many also require rest time between shifts and offering extra hours to current employees first.
Predictive scheduling laws exist because hourly schedules used to change at the last minute with no cost to the employer. The laws put a price on that: change the schedule late, and the employee gets predictability pay. For a staffing agency the question is whether the client's workplace is covered, and who owes the pay when the client changes the plan.
Which states and cities have predictive scheduling laws?
Oregon is the only statewide law; the rest are cities. They cover mostly retail, food service and hospitality, with size thresholds that vary widely.
| Jurisdiction | Mainly covers |
|---|---|
| Oregon (statewide) | Large retail, hospitality and food service employers |
| New York City | Fast food and retail |
| Chicago and Evanston, IL | Several industries, including hospitality, retail, warehouse and manufacturing, above size thresholds |
| Philadelphia | Large retail, hospitality and food service employers |
| Seattle | Large retail and food service employers |
| Los Angeles | Large retail employers |
| San Francisco, Berkeley, Emeryville, San Jose, CA | Varies by city: chain retail, food service and more |
As of September 2026. Coverage depends on industry, headcount and location counts, and ordinances get amended. Check the current text for each city before you rely on this list.
What do predictive scheduling laws usually require?
- Advance notice. Post schedules a set time ahead, commonly 14 days.
- Predictability pay. Extra pay when the employer adds, cuts or moves hours after the schedule is posted.
- Rest between shifts. The right to decline a closing shift followed by an opening shift (a "clopening"), or premium pay if they work it.
- Good-faith estimate. A written estimate of expected hours at hire.
- Offer hours to current staff first. Before hiring new people or, in some laws, before using temporary or staffing agency workers.
Do predictive scheduling laws apply to staffing agencies?
Sometimes, and the answer is in each ordinance's definitions. Some laws cover workers placed through a staffing agency at a covered employer, and some assign the obligation to the client, the agency or both. A few, as noted above, require offering hours to existing employees before bringing in temporary workers, which can affect the client's use of an agency at all. Read how each law treats staffing agency workers before placing Crew Members with a covered client.
How do agencies work with clients covered by fair workweek laws?
- 1Identify covered clients
By city, industry and size.
- 2Get schedules early
Ask for orders on the law's notice timeline, not the week before.
- 3Record every change
When the client changed it, when Crew Members were told, and whether predictability pay is owed.
- 4Bill the cost of late changes
Put predictability pay in the staffing agreement as a client-caused charge.
- 5Watch rest periods
Check for clopening shifts when one Crew Member works late and early shifts.
Bottom line: predictive scheduling laws make late changes cost money. The agency needs the client's schedule early, a record of every change and a contract that says who pays for the late ones.
How NextCrew helps with advance schedules
- Schedules published ahead. Orders and jobs can be created ahead, cloned for recurring weekly work or imported, and Crew Members see confirmed shifts in the app.
- Changes reach everyone. Any change to a job's time, address or details automatically notifies every assigned Crew Member.
- See each person's week. The calendar's by-Crew-Member view shows who is overloaded and where a conflict is forming.
- Cancellations on record. Setting a job Inactive keeps the record and notifies confirmed Crew Members automatically.
NextCrew does not decide whether a law applies or calculate predictability pay; it keeps the schedule and change history clear. See workforce scheduling software.
Frequently asked questions
Related terms
- Reporting time pay: pay owed when a shift is cut short on arrival.
- Split shift: a workday broken by an unpaid gap, with its own premium rules.
- Shift bidding: letting people claim open shifts, a way to offer hours to current staff first.
- Job order: the client request that sets the schedule.
- Staffing agreement: where late-change charges belong.
General information, not legal advice. Fair workweek ordinances change often; check the current law in each city.