San Francisco Fair Workweek Law: what employers must do
California · effective since 2015 · covers Formula (chain) retail and its janitorial/security contractors
The short version
San Francisco's Formula Retail Employee Rights Ordinance requires 'formula retail' chains to post schedules two weeks ahead and pay 1–4 hours of predictability pay for short-notice changes and on-call shifts.
Below: the advance-notice window, predictability-pay formula, access-to-hours rule, coverage threshold and penalties — each with a dated source.
Not sure these apply to your business? Run the free coverage checker →
The five obligations
Advance schedule notice · 14 days
Covered 'formula retail' employers must give each employee a written schedule at least two weeks (14 days) in advance.
Predictability pay · 1–4 hours per change; 2–4 hours for unused on-call
A schedule change made with less than seven days' notice owes the worker 1 to 4 hours of pay at their regular rate (scaled to notice and shift length). An on-call shift the worker is not called in for owes 2 to 4 hours of pay. Several exemptions apply (acts of God, utility failure, a co-worker's no-show, employee-requested swaps).
Access to hours · Yes — offer hours to part-time staff first
Before hiring new employees, including through a staffing agency, a covered employer must first offer the additional hours to existing qualified part-time employees.
Who is covered · Formula retail: 40+ stores worldwide & 20+ SF employees
Applies to 'formula retail establishments' — chains with at least 40 stores worldwide — that employ 20 or more people in San Francisco, plus their janitorial and security contractors.
Penalties for non-compliance · $500 per violation
The Office of Labor Standards Enforcement can assess penalties up to $500 per legal violation, in addition to the predictability pay owed to the affected worker.
Rest between shifts / “clopening”
Equal treatment and a right-to-request provision rather than a fixed rest-gap premium; on-call workers must be paid the on-call premium when not called in.
The part the vendor guides bury
San Francisco's rule is narrower than NYC's or Chicago's — it only reaches 'formula retail' chains (40+ worldwide locations), so an independent shop with 20 SF staff is not covered. The on-call premium (2–4 hours when not called in) is the part employers most often miss.
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 San Francisco's advance-notice window so you never owe predictability pay.
Frequently asked questions
How far in advance must employers post schedules in San Francisco?
Covered 'formula retail' employers must give each employee a written schedule at least two weeks (14 days) in advance.
What is predictability pay in San Francisco?
A schedule change made with less than seven days' notice owes the worker 1 to 4 hours of pay at their regular rate (scaled to notice and shift length). An on-call shift the worker is not called in for owes 2 to 4 hours of pay. Several exemptions apply (acts of God, utility failure, a co-worker's no-show, employee-requested swaps).
Which employers does the San Francisco fair workweek law cover?
Applies to 'formula retail establishments' — chains with at least 40 stores worldwide — that employ 20 or more people in San Francisco, plus their janitorial and security contractors.
What are the penalties for violating the San Francisco fair workweek law?
The Office of Labor Standards Enforcement can assess penalties up to $500 per legal violation, in addition to the predictability pay owed to the affected worker.
Sources
https://www.sf.gov/information/formula-retail-employee-rights-ordinance
https://sfgov.org/olse/formula-retail-employee-rights-ordinances
https://www.jacksonlewis.com/insights/what-retailers-should-know-about-california-scheduling-ordinances
This page is cited public information, not legal or compliance advice. Whether the San Francisco 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.