This post was written by Candace Chewning, Outreach and Communications Director for the Office of Worker Protections.
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. Starting January 1, 2021, the posted work schedule must be no later than 14 days before the first day of the schedule. (10 days from April 1, 2020 until December 31, 2020)
- 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, compensation 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.) Starting June 1, 2021, the Office of Worker Protections will begin enforcement of predictability pay.
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 compensation to eligible employees if a shift is cancelled because of COVID-19?
No. Predictability pay enforcement was on hold due to COVID-19 and associated impacts on business activity. Starting June 1, 2021, the Office of Worker Protections will begin enforcement of predictability pay. Learn more about predictability pay here.
What provisions of the Fair Workweek law do not apply during COVID-19?
Predictability pay will not be enforced until June 1, 2021. All other provisions of the law apply and are being enforced. Learn more about predictability pay here.
What can employers do if they need compliance support or have questions about compliance?
Employers can email firstname.lastname@example.org.
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 email@example.com.
If I am an event center, hotel or airport employee covered by Fair Workweek, do I have the right to new work hours before laid off employees are recalled under the recall and retention law?
Yes. Under Fair Workweek, covered employees must be offered new work hours before an employer can hire new employees. Fair Workweek employers must provide a written notice of Offer of Work to Existing Employees which must be posted and accessible to all employees who work for the employer including at other worksites and locations.
Employees must know where to find the written posting and the notice must be posted for 72 hours.
For additional frequently asked questions about the City’s Fair Workweek requirements, visit the Fair Workweek resources page.