What is predictability pay under Fair Workweek laws?

Predictability pay is mandatory statutory compensation paid by an employer to an hourly employee when an employer alters, cuts, cancels, or adds to a published work schedule without sufficient advance notice (usually less than 7 or 14 days, depending on city jurisdiction).

Which US cities mandate Fair Workweek and Predictability Pay?

Major jurisdictions with active Fair Workweek ordinances include New York City (Fast Food & Retail), Seattle (Secure Scheduling), Chicago, Philadelphia, San Francisco (Formula Retail), Los Angeles, and the state of Oregon.

How is predictability pay calculated when hours are cut or cancelled?

Most jurisdictions mandate that if an employer cancels or reduces a shift with short notice, the employer must pay 50% of the employee's regular hourly rate for all cancelled or reduced hours. In NYC Fast Food, flat penalty premiums ranging from $15 to $75 apply depending on notice time.

Are there legal exceptions where predictability pay is not required?

Yes. Common exceptions include employee-initiated shift swaps, employee-requested schedule changes, mutual written consent for additional hours under statutory voluntary stand-by lists, threats to employee safety, or natural disasters/utility outages beyond employer control.

Predictability Pay Calculator | Multi-City Fair Workweek Premium Rules

Fair Workweek Predictability Pay Rules by City (2026 Comparison)

Predictability pay requirements vary significantly between jurisdictions. While Western cities (Seattle, Oregon, SF) primarily use an hourly formula (half-pay for lost hours, 1 hour pay for added hours), New York City utilizes a tiered statutory flat-dollar structure.

City / State	Advance Notice	Hours Cut / Cancelled	Hours Added / Moved	Governing Law
New York City	14 Days	$20 – $75 flat	$15 – $20 flat	NYC Admin. Code § 20-1221
Seattle	14 Days	50% regular rate for lost hrs	1 hr regular pay	SMC 14.22 (Secure Scheduling)
Chicago	14 Days	50% regular rate (<24h notice)	1 hr regular pay	MCC 1-25 (Fair Workweek)
Philadelphia	14 Days	50% regular rate for lost hrs	1 hr regular pay	Philly Code Ch. 9-4300
San Francisco	14 Days	2 to 4 hrs regular pay	1 hr regular pay	Formula Retail Employee Rights
Oregon	14 Days	50% regular rate for lost hrs	1 hr regular pay	ORS 653.412 - 653.485

Common Exceptions: When Predictability Pay is NOT Owed

01. MUTUAL EMPLOYEE SWAPS

Voluntary Peer Shift Trades

When two coworkers voluntarily trade or swap shifts according to established company policy, no predictability pay is triggered.

02. EMPLOYEE-INITIATED REQUESTS

Personal Time-Off / Sick Leave

If the employee requests the shift change, calls in sick, or requests to leave early for personal reasons in writing.

03. ACTS OF NATURE & POWER FAILURES

Operations Suspended by Force Majeure

Disasters, severe storms, municipal utility outages, or civil emergencies that prevent regular commercial operations.

04. VOLUNTARY STANDBY LISTS

Pre-Consented Additional Hours

In jurisdictions like Seattle and Chicago, employees on designated pre-consented voluntary call-in lists can accept additional hours without penalty.

Frequently Asked Questions

Is predictability pay taxed as regular wages?

Yes. In all jurisdictions, predictability pay must be treated as taxable supplemental wage income subject to standard federal, state, and FICA payroll withholdings.

Does predictability pay apply to small independent businesses?

Generally no. Most Fair Workweek ordinances specify employer size thresholds (e.g., fast food chains with 30+ locations globally in NYC, retail chains with 500+ global employees in Seattle and Chicago, or 40+ locations in San Francisco).