Hourly workers in Philadelphia face a range of challenges, including unpredictable schedules, childcare and transportation issues, and getting enough hours to make ends meet. If an employee gets their hours cut without any warning, or a shift is added after they have already made plans, this unpredictable schedule can make it difficult to make plans or maintain financial stability. To address these challenges, the City of Philadelphia created the “Fair Workweek Law,” which requires certain employers to provide hourly workers with predictable schedules, advance notice of shifts, and extra pay when employers make sudden scheduling changes. If you have questions or concerns about the Fair Workweek Law, or your rights as an hourly employee, it is highly recommended that you contact an experienced employment lawyer as soon as possible.
What Is Philadelphia’s Fair Workweek Law?
Philadelphia’s Fair Workweek Law is designed to provide certain hourly workers with more predictable schedules and greater control over last-minute changes to their hours. The law applies to qualifying employees in the retail, hospitality, and food-service industries who work for certain large employers. Whether you work at a small cafe, a popular retail chain, or at a concert venue, your employer is required to understand this law and remain in compliance in order to maintain a positive and productive workforce.
Which Employers and Workers Are Covered?
The Philadelphia Fair Workweek Law covers certain workers in retail, food service, hospitality, and related service jobs, including servers, bartenders, cashiers, dishwashers, line cooks, housekeepers, front desk workers, delivery drivers, banquet workers, and some managers who qualify for overtime. Temporary and seasonal workers may also be covered. The law applies to employers in covered industries that have at least 250 employees and 30 locations worldwide.
The following employers and workers “are not” covered by the Fair Workweek Law:
- Small businesses with fewer than 250 employees or fewer than 30 locations worldwide
- Businesses that are outside of retail trade, hospitality, or food service
- Salaried employees who are classified as exempt from overtime under federal or state wage laws
- Workers who are classified as independent contractors as opposed to traditional employees
- Employees covered by a union collective bargaining agreement that explicitly waives the ordinance’s protections
Your Rights: Advance Schedules and Predictability Pay
The Philadelphia Fair Workweek Law provides a range of protections for workers who qualify, including the following:
- Advance notice of schedules. Covered employers must provide the posted work schedule at least 14 days in advance. Complying with this rule gives workers the time they need to plan their lives. For example, if an employee has young children, advance notice of their work schedule allows them to make the necessary arrangements for childcare, transportation, and other responsibilities. Employers must meet the following requirements:
- The schedule must be posted in an easy-to-see location in the workplace or delivered electronically.
- When you are hired, your employer must provide you with a good-faith estimate of your expected schedule. This includes the average number of hours you can expect to work each week, the days and times you will likely work, and whether you will be available to work on-call shifts.
- Predictability pay. While extenuating circumstances may require an employer to make last-minute schedule changes, this should be an exception. Under the Fair Workweek Law, if your employer makes changes to your schedule within the 14-day window, you are entitled to predictability pay, which includes the following:
- If your employer adds hours, shifts, or makes changes to your start or end time with no loss of hours, you are entitled to one hour of pay at your regular hourly rate.
- If your employer cancels a shift, cuts your shift short, or sends you home, you are entitled to half-pay – or 0.5 times your regular rate – for every scheduled hour you lost.
- If your employer or manager moves your shift to a different location, you are entitled to one hour of pay at your regular hourly rate.
Keep in mind, however, that there are exceptions to predictability pay. It is only required when your employer makes changes to your schedule. The following are examples of situations where you “are not” entitled to predictability pay:
- You requested the schedule change, whether that involved swapping shifts with a co-worker or asking to leave early for personal reasons.
- The shift change happened within 24 hours after the initial 14-day schedule was posted.
- Operations were forced to close due to major emergencies like power outages, natural disasters, or cancellations beyond the employer’s control.
- Access to hours. A covered employer must offer open shifts to current, qualified part-time workers before hiring new employees or bringing in temporary workers to fill those shifts. The access to hours policy involves the following requirements:
- Posting notice. When a shift becomes available, the employer must post a written or electronic notice in the workplace at least 72 hours before hiring any new employees.
- Details included. The posting must clearly state the job description, required qualifications, shift times, and how to apply for the hours.
- Response window. Existing employees have 24 hours to accept the open hours before the employer can hire new staff.
- Protection against retaliation. While it can feel intimidating to ask for the pay you deserve, or decline a last-minute shift request, there are strict anti-retaliation laws in place that prohibit your employer from taking the following retaliatory actions against you:
- Firing or demoting you
- Not receiving the required advance notice of your schedule
- Cutting your scheduled hours as punishment
- Giving you undesirable shift assignments or tasks
- Failure to provide a good-faith estimate of expected hours
- Adding hours without obtaining the required consent
- Failing to offer certain new hours to existing employees
- Making changes to your posted schedule without required predictability pay
- Being scheduled for shifts with less than the required rest period
- Writing you up or threatening your job status
What to Do if Your Employer Violates the Law
If you believe your employer has violated Philadelphia’s Fair Workweek Law, there are steps you can take to ensure that your legal and employment rights are protected, including the following:
- Confirm that the law covers your job. Determine whether your employer and position are covered. The law generally applies to certain service, retail, and hospitality employers that meet the size requirements.
- Document what happened. Keep copies or screenshots of your work schedules, schedule changes, text messages, emails, pay stubs, and other communications with your employer. Write down when changes occurred and who made them. This evidence can help establish what your original schedule was and what changed.
- Check whether you were entitled to predictability pay. Covered employers generally must provide advance notice of work schedules. When an employer makes certain changes after the required notice period, you may be entitled to additional predictability pay. For example, changing the time, date, or location of a shift without reducing hours generally entitles you to one hour of predictability pay.
- Ask your employer about the violation. If you feel comfortable doing so, you can ask your manager or Human Resources department why your schedule was changed or why you did not receive predictability pay. Consider requesting it in writing so you have a record of it.
- Watch for retaliation. Your employer cannot legally punish you for exercising your rights under the Fair Workweek Law. Retaliation can include firing, demotion, disciplinary action, harassment, reducing your hours or pay, or denying you additional hours.
- File a complaint with Philadelphia’s Office of Worker Protections. If the problem is not resolved, you can report the violation to the Philadelphia Department of Labor’s Office of Worker Protections. Complaints can be filed online, by mail, or in person. If you intend to take legal action, you must file your complaint within two years of when you knew or should have known about the alleged violation. If the complaint is filed after this deadline has passed, your claim will likely be denied, and you will be unable to recover any damages.
- Contact an experienced employment lawyer. If you believe that your employer violated the Fair Workweek Law, resulting in a significant loss of wages, retaliation, or other negative consequences, it is highly recommended that you contact an experienced employment lawyer at your earliest convenience. Depending on the circumstances, you may be entitled to lost wages and benefits, predictability pay, reinstatement, and other damages.
Our Experienced Philadelphia Employment Lawyers at The Gold Law Firm P.C. Represent Hourly Employees Whose Rights Have Been Violated
If your employer has violated the Philadelphia Fair Workweek Law, do not hesitate to contact our Philadelphia employment lawyers at The Gold Law Firm P.C. We will discuss the nature of your complaint, determine whether your employer violated the law, and assist you with the complaint process. Our highly skilled legal team will protect your rights and negotiate the best possible settlement outcome. To schedule a free consultation, call today at 215-569-1999 or contact us online. With office locations in Philadelphia and Malvern, Pennsylvania, Pennsauken, New Jersey, and New York, New York, we proudly serve clients in the surrounding areas. *NYC, Pennsauken, and Malvern offices are by appointment only.
