Philadelphia Fair Workweek Law: what employers must do
Pennsylvania · effective since 2020 · covers Retail, hospitality, food service
The short version
Philadelphia's Fair Workweek Employment Standards require large retail, hospitality and food-service chains to post schedules 14 days in advance, pay one hour of predictability pay for employer changes (half rate for hours cut), and pay a $40 premium for 'clopening' shifts under 9 hours apart.
Below: the advance-notice window, predictability-pay formula, access-to-hours rule, coverage threshold and penalties — each with a dated source.
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The five obligations
Advance schedule notice · 14 days
Covered employers must post each employee's schedule at least 14 days in advance of the workweek, in writing or in an accessible place, and must give each new hire a written good-faith estimate of the average weekly hours, on-call expectations, and typical days/shifts they can expect over a 90-day period.
Predictability pay · 1 hour added; ½ rate for hours cut
For each employer-initiated change to a posted schedule, the worker is owed one hour of pay at their regular rate when the employer adds time or changes the date, time, or location of a shift. When the employer subtracts hours from a regular or on-call shift, the worker is owed no less than one-half their regular rate per hour for each scheduled hour not worked. Predictability pay enforcement began June 1, 2021.
Access to hours · Yes — post open shifts 72 hours, offer to staff first
Before hiring new employees, a covered employer must offer available shifts to its existing workforce, posting the new shifts in a visible place at least 72 hours before hiring anyone new.
Who is covered · 250+ employees & 30+ locations worldwide (retail, hospitality, food service)
Applies to retail, hospitality and food-service employers with 250 or more employees AND 30 or more locations worldwide, counting franchises and chains. Both tests must be met.
Penalties for non-compliance · Up to $2,000 liquidated damages + $200/employee for GFE failures
A worker can bring a private action for unpaid compensation (lost wages and benefits), liquidated damages of up to $2,000, and reasonable attorney's fees and costs. The Office of Worker Protections also assesses presumed damages — for example $200 per affected employee for an incomplete good-faith schedule estimate — in addition to any predictability pay owed.
Rest between shifts / “clopening”
A worker may decline shifts that start fewer than 9 hours after the end of the prior shift; if they consent in writing to work the 'clopening', they are owed an additional $40 for that shift.
The part the vendor guides bury
Philadelphia uses a 9-hour rest gap (not the 10-hour gap NYC/Chicago/Seattle/Oregon use) and pays a flat $40 'clopening' premium rather than a multiplier. The coverage test is also a double gate — 250+ employees AND 30+ locations — so a 250-employee chain with only a handful of locations is not covered.
Building the schedule this applies to?
Lay out the rota first with our free, no-signup employee schedule maker or a weekly schedule template — then post it inside Philadelphia's advance-notice window so you never owe predictability pay.
Frequently asked questions
How far in advance must employers post schedules in Philadelphia?
Covered employers must post each employee's schedule at least 14 days in advance of the workweek, in writing or in an accessible place, and must give each new hire a written good-faith estimate of the average weekly hours, on-call expectations, and typical days/shifts they can expect over a 90-day period.
What is predictability pay in Philadelphia?
For each employer-initiated change to a posted schedule, the worker is owed one hour of pay at their regular rate when the employer adds time or changes the date, time, or location of a shift. When the employer subtracts hours from a regular or on-call shift, the worker is owed no less than one-half their regular rate per hour for each scheduled hour not worked. Predictability pay enforcement began June 1, 2021.
Which employers does the Philadelphia fair workweek law cover?
Applies to retail, hospitality and food-service employers with 250 or more employees AND 30 or more locations worldwide, counting franchises and chains. Both tests must be met.
What are the penalties for violating the Philadelphia fair workweek law?
A worker can bring a private action for unpaid compensation (lost wages and benefits), liquidated damages of up to $2,000, and reasonable attorney's fees and costs. The Office of Worker Protections also assesses presumed damages — for example $200 per affected employee for an incomplete good-faith schedule estimate — in addition to any predictability pay owed.
Sources
https://www.phila.gov/2020-03-19-understanding-predictability-pay-under-fair-workweek/
https://www.phila.gov/media/20191218103134/Fair-Workweek-Law.pdf
https://www.postschell.com/insights/a-refresher-on-philadelphiarsquos-fair-workweek-employment-standards-ordinance
This page is cited public information, not legal or compliance advice. Whether the Philadelphia fair workweek law applies to you depends on your industry, headcount and locations, and the ordinance changes. Always confirm current obligations with the jurisdiction before posting schedules.