Table Of Contents

Philadelphia Fair Workweek: A Comprehensive Guide

Philadelphia Fair Workweek

Philadelphia’s labor regulations have evolved significantly in recent years, especially when it comes to scheduling rules. One of the most notable laws is the Fair Workweek Employment Standards Ordinance, often referred to simply as the “Fair Workweek law” or “secure scheduling.” This law addresses various concerns about predictable hours, last-minute schedule changes, and fair treatment of workers in specific industries. Whether you run a small café or manage a retail chain, understanding these requirements is crucial for compliance—and to maintain a happy, productive workforce.

This guide aims to explain the Fair Workweek rules in plain language while linking to the official regulations you should know. We’ll discuss employer coverage, scheduling requirements, predictability pay, and more. By the end, you’ll have a solid grasp of your obligations under Philadelphia labor laws, along with practical steps to avoid penalties.

Keep reading to explore how these regulations impact your daily operations, from planning your staffing needs to managing scheduling changes—plus tips for staying on top of compliance. When in doubt, always consult the official city website or professional legal counsel.

Name & Enforcing Agency

The official name of Philadelphia’s scheduling legislation is the Fair Workweek Employment Standards Ordinance. This is outlined in Philadelphia Code Chapter 9-4600. While many refer to it as “Philadelphia Fair Workweek,” that entire section of the code sets forth specific rules on how covered employers must structure and communicate employee schedules.

Enforcement falls under the City of Philadelphia Office of Worker Protections, which is part of the Department of Labor. This office, sometimes called the Office of Benefits & Wage Compliance, is responsible for investigating complaints and ensuring local labor standards are followed. You can find more details, including contact information for filing or responding to complaints, on the Fair Workweek Law and Regulations page on the official City of Philadelphia website.

Coverage

One of the first questions small business owners ask is whether the Fair Workweek Ordinance applies to them. Generally, these scheduling rules target larger chains. The law covers employers in three main industries:

1. Retail: This includes clothing stores, electronics retailers, supermarkets, and other retail sales establishments.

2. Hospitality: Businesses like hotels and related service providers fall under this category.

3. Food Services: Restaurants and other establishments selling prepared foods.

However, coverage is also determined by the size of your business. If your company has at least 250 employees worldwide and operates 30 or more locations, you’ll likely need to comply. These locations can be scattered across states, and part-time employees typically count toward the total workforce. Additionally, the law applies to employees working at least 50% of their time in Philadelphia and who are classified as non-exempt under federal wage laws. Always verify these thresholds if you’re uncertain, as the city’s official website (linked above) provides more detailed guidance.

Advance Scheduling

One hallmark of Philadelphia’s Fair Workweek Ordinance is the requirement for advance scheduling. Covered employers must provide written schedules to employees at least 14 days in advance of the work period. Initially, the notice period started at 10 days but increased to 14 days effective January 1, 2021. This step helps employees plan their lives around work commitments, leading to fewer last-minute conflicts over childcare, transportation, or other responsibilities.

If you operate a busy restaurant or retail store, planning that far ahead might feel daunting. Consider using scheduling software like Shyft to streamline this process. Modern tools help managers forecast staffing needs, balance employee availability, and distribute schedules quickly in an electronic format. Providing schedules electronically also meets the requirement of written notice, as long as they’re clearly accessible.

Moreover, at the time of hire, employers must provide new employees with a “good faith estimate” of their expected weekly hours, shifts, and general scheduling patterns. This estimate shouldn’t be a wild guess—it should reflect your best projection based on current staffing trends and business needs.

Predictability Pay

Scheduling changes happen—unforeseen customer surges, supplier delays, or employee absences may force managers to adjust shifts. However, the Fair Workweek Ordinance imposes a cost for doing so on short notice. This fee, known as Predictability Pay, compensates workers for the inconvenience and potential loss of income they experience when schedules shift at the last minute.

If you change an employee’s shift (in terms of date, time, or location) after the 14-day notice period, you owe that worker an additional one hour of pay at their regular rate for each change. If you reduce or cancel hours, you must pay the employee at least half the rate for the hours they would have worked. For instance, if you cut a four-hour shift, you need to pay the employee two hours’ worth of wages. This framework aims to discourage habitual scheduling “whiplash” that can unsettle an employee’s personal obligations.

Extra Hours for Part-Timers

Before you consider new hires or third-party contractors to fill additional shifts, the law requires you to first offer extra hours to current part-time employees. This “Access to Hours” clause ensures current staff members have the opportunity to boost their income. You must extend the offer in writing, and employees generally have at least 72 hours to accept or decline.

This rule can be particularly relevant for small businesses approaching the 250-employee threshold or for those scaling up in the Philadelphia area. If you haven’t formalized a procedure for offering extra hours to existing staff, consider documenting the process and communicating it clearly. Email, text, or scheduling software can all serve as a paper trail for compliance.

Rest Between Shifts

The Fair Workweek law also aims to prevent “clopening,” where an employee closes a shop late at night and then returns early the next morning for an opening shift. Under the ordinance, workers are entitled to at least nine hours of rest between scheduled shifts.

While employees can voluntarily agree to work with less than nine hours of rest in between, the law requires employers to compensate them with a special premium for the inconvenience—often cited as $40 per shortened rest period. This measure is designed to preserve employees’ health and well-being by ensuring they have adequate time to recharge.

Retaliation Prohibited

Another critical piece of the Fair Workweek Ordinance is the prohibition of employer retaliation. If employees exercise their rights—file a complaint, request schedule changes, or assist in an investigation—you cannot penalize them. Any adverse action, including demotion or termination within 90 days of a protected activity, is presumed retaliatory unless you have clear, documented evidence to the contrary.

This provision underscores the city’s stance that workers should feel safe when reporting issues. For instance, if an employee complains that they never received their schedule on time, they shouldn’t fear job loss for speaking up. Maintaining thorough records and open communication channels can help you address minor scheduling conflicts before they escalate into formal complaints.

Recordkeeping & Posting

Like most labor regulations, Philadelphia’s Fair Workweek Ordinance comes with specific documentation requirements. Employers must retain two years’ worth of records related to scheduling, hours worked, wages paid, and any correspondence relevant to scheduling changes or requests. If you get audited or investigated, these documents can help demonstrate compliance.

Additionally, there is a posting requirement. You must display the city’s official “Fair Workweek Notice of Employee Rights” in a conspicuous area at each worksite. The notice can be downloaded from the Fair Workweek Posters & Notices page. Ensure you’re using the most up-to-date poster, and if you have a diverse workforce, consider the need for translations.

Enforcement & Penalties

The Office of Worker Protections within Philadelphia’s Department of Labor oversees enforcement. Employees can file complaints if they believe their employer has violated the ordinance. After receiving a complaint, the agency may attempt mediation or conduct a formal investigation. If violations are found, employers may face administrative fines and be required to pay owed wages or Predictability Pay.

Serious or repeated noncompliance can lead to even steeper penalties or legal action. The law typically allows workers up to two years from the date of the alleged violation to file a complaint. Given these timelines, accurate recordkeeping is crucial for defending your organization against potential claims.

Emergency Provisions

Unpredictable events like severe storms, power outages, or city-wide emergencies can disrupt business. The ordinance recognizes this reality and includes emergency provisions that waive certain requirements. For instance, if a shift is canceled because of a declared local or national emergency, you may not be required to pay Predictability Pay. However, you must be prepared to document the cause and timing of the change to demonstrate it was indeed an emergency situation beyond your control.

Keep in mind that not every minor issue qualifies as an emergency. If you aren’t sure, consult the official city guidance. Having a written protocol for weather events or building closures helps ensure consistent decision-making when the unexpected happens.

Additional Topics

Collective Bargaining Agreements (CBAs): Sometimes, the provisions of the Fair Workweek law can be waived or modified within a bona fide collective bargaining agreement, but only if the waiver is explicit. If you have a unionized workforce, check that any scheduling clauses in your CBA align with local requirements or contain a clear waiver where appropriate.

Interaction with Other Laws: Philadelphia businesses also need to consider other regulations, such as the Paid Sick Leave law and Wage Theft Ordinance. The Fair Workweek law operates alongside these statutes. That means you must still follow federal and state wage laws, including overtime and minimum wage requirements.

Resources

Below are the key official sources you should bookmark for the most current information on Philadelphia’s Fair Workweek and related labor laws:

Philadelphia Code, Chapter 9-4600 – The complete text of the ordinance, detailing definitions, coverage, and penalties.

Fair Workweek Law & Regulations (City of Philadelphia) – Official guidance, FAQs, forms, and complaint-filing procedures.

Office of Worker Protections – Contact details for inquiries, investigations, and compliance support.

Fair Workweek Posters & Notices – Download the mandatory poster and any other required notices.

Summary

All in all, Philadelphia’s Fair Workweek Ordinance is designed to curb unpredictable schedules and provide hourly employees with a degree of stability. From the requirement to post schedules 14 days in advance, to Predictability Pay for last-minute changes, the city’s rules have broad impacts on how retail, hospitality, and food service employers run day-to-day operations.

While these rules mainly apply to larger chains, any growing small business should stay informed. You might cross that coverage threshold sooner than you expect, especially if you’re part of a franchise network with multiple locations. In all cases, adopting good scheduling practices—potentially through a platform like Shyft—makes life easier for both management and staff.

Conclusion

Understanding Philadelphia labor laws around scheduling is essential for staying compliant and fostering strong employee relations. By adhering to advance scheduling rules, offering predictability pay, and maintaining thorough records, you set the stage for a more transparent and efficient workplace. Consider periodic internal audits of your scheduling processes to confirm you’re meeting all requirements—from coverage thresholds to mandatory rest between shifts.

When changes do arise, plan and communicate them early. Ensure employees have the chance to voice concerns without fear of retaliation. And don’t forget to keep an eye out for city updates—labor laws can evolve, and official agencies may provide new guidance or clarifications over time.

If you remain unsure or if your business stands on the edge of coverage thresholds, consult the Philadelphia Department of Labor’s Office of Worker Protections or seek professional legal advice. Clear guidance today prevents costly penalties tomorrow.

FAQ

How do I know if my business is covered?

You must have 250 or more employees globally and run at least 30 locations worldwide, operating in retail, hospitality, or food services. Employees must perform over 50% of their work in Philadelphia. If you meet these criteria, you’re generally covered.

Do I always have to pay Predictability Pay for last-minute changes?

Usually, yes. If you adjust an employee’s shift—date, time, or location—within 14 days of the scheduled start, Predictability Pay applies. Exceptions include emergencies like natural disasters or government-declared states of emergency.

Can employees work with less than nine hours of rest between shifts?

They can if they agree in writing. However, you must pay an additional premium of $40 for each shortened rest period under the Fair Workweek rules.

What if I have a unionized workplace?

The ordinance can be waived in a bona fide collective bargaining agreement, but the language must be explicit. If your union contract doesn’t clearly waive it, you’re still required to follow the standard Fair Workweek provisions.

Where can I find mandatory posters and forms?

All required notices, including the Fair Workweek poster, are available on the official City of Philadelphia website at the Fair Workweek Posters & Notices page. Make sure they’re displayed prominently at your worksite.