This post was written by Candace Chewning, Outreach and Communications Director for the Office of Benefits and Wage Compliance.
Key provisions of the Fair Workweek law
Beginning April 1, 2020, certain employers are required to provide certain retail, service, and hospitality employees with certain protections, including:
- Providing advance notice of work schedules, which must be posted with all employee names.
- Supplying a written Good Faith Estimate of average work hours to new employees.
- Obtaining employee consent when requesting to add hours to the employee’s posted work schedule.
- Providing employees the right to decline certain shifts which are scheduled less than nine hours after the end of the previous day’s shift.
- Offering new work hours to existing employees before hiring external candidates.
- Providing each employee with a policy on how the employer offers and distributes certain new work hours.
- Awarding predictability pay, a premium pay given to employees when there is an employer initiated change to the 10 day advance notice of work schedule. (Enforcement of this requirement is on hold due to the COVID-19 crisis until further notice.)
Covered employers include those with 250 or more employees and 30 or more locations, including franchises and chains. Temporary staffing agencies may also be covered by the Fair Workweek law. Review the Fair Workweek resources page and FAQ for additional information on compliance.
Employers have until July 1, 2020 to provide existing employees with a written Good Faith Estimate of average work hours.
Frequently asked questions about Fair Workweek requirements during COVID-19
The information below is not intended as legal advice and should not be used as a substitute for the law and regulations. The following information provides clarity on Chapter 9-4600 Fair Workweek Employment Standards and its regulations. This information does not consider any other law on the local, state or federal level.
Employees are encouraged to refer to other federal, state, and local agencies for details on other benefits and how they are administered. For example: Pennsylvania state unemployment benefits and the U.S. Families First Coronavirus Response Act, which may provide additional paid sick leave and other protections.
Is the Fair Workweek law delayed because of COVID-19?
No. The law went into effect on April 1, 2020.
Must a covered employer provide premium pay if a shift is cancelled because of COVID-19?
No. Predictability pay will not be enforced until further notice due to COVID-19 and associated impacts on business activity.
What provisions of the Fair Workweek law do not apply during COVID-19?
Predictability pay will not be enforced until further notice. Good Faith Estimates to current employees do not have to be provided until July 1, 2020. All other provisions of the law apply and are being enforced.
What can employers do if they need compliance support or have questions about compliance?
Employers can email email@example.com.
What do I do if I believe I am experiencing a violation of my Fair Workweek rights ?
Employees can ask questions or file a complaint by emailing firstname.lastname@example.org.