Unpaid Wages
Learn how predictive scheduling laws protect hourly workers: when employers must give advance notice, owe on-call scheduling pay or shift cancellation pay, and how a predictable scheduling ordinance (including the Seattle predictive scheduling law) affects retail scheduling employee rights — plus step-by-step tips to document violations and pursue unpaid wages and secure fair compensation today.
Estimated reading time: 17 minutes
Key Takeaways
Predictive scheduling laws require advance schedule notice and extra compensation when employers make last-minute changes, cancel shifts, or use on-call scheduling without adequate notice.
Local rules, often called a predictable scheduling ordinance, can be stricter than state law; for example, Seattle’s Secure Scheduling Ordinance sets a 14-day notice period for many large retail and food service employers.
Workers commonly have rights to advance notice, predictability pay, shift cancellation pay, rest between shifts, and protection from retaliation.
If you are denied required on-call scheduling pay or shift cancellation pay, document everything, check the applicable ordinance, and consider filing a wage claim or complaint.
Remedies may include back pay, predictability/cancellation pay, penalties, and sometimes attorneys’ fees, but exact amounts vary by jurisdiction.
Table of Contents
Introduction
What Are Predictive Scheduling Laws?
Understanding Predictable Scheduling Ordinances and How They Differ from State/Federal Rules
Key Provisions of Predictive Scheduling Laws
Advance Schedule Notice
Predictability / On-Call Scheduling Pay
Shift Cancellation Pay
Rest Between Shifts / Clopening Rules
Coverage, Thresholds, and Exempt Employees
On-Call Scheduling Pay and Shift Cancellation Pay — Practical Examples and Scenarios
Retail Scheduling Employee Rights — Protections and Anti-Retaliation
How to Pursue Unpaid Wages or Penalties for Scheduling Violations — Step-by-Step
What Employers Usually Argue and How Employees Should Respond
Additional Resources and Next Steps
Conclusion
FAQ
Introduction
Predictive scheduling laws are regulations that require employers—especially in retail, hospitality and other hourly industries—to provide advance notice of work schedules and compensate employees for certain last-minute changes or cancellations to improve scheduling stability and fairness. Put simply, predictive scheduling laws aim to bring order and fairness to volatile shifts and on-call practices that can derail a worker’s week. These rules reduce unpredictability, help workers arrange childcare/education/second jobs, and create legal remedies when employers violate scheduling rules.
At a high level, these laws require advance scheduling, on-call scheduling pay, and shift cancellation pay, and they create specific worker protections and enforcement tools. For an employer-oriented overview of common features and nationwide trends, see the FactorialHR guide to predictive scheduling and the When I Work explainer. For city examples, including the Seattle predictive scheduling law, consult WorkforceHub’s summary of Washington/Seattle rules.
This article answers when employers must provide advance schedules or pay, and how employees can pursue unpaid wages. We cover advance scheduling requirements, on-call scheduling pay, shift cancellation pay, employee protections, and practical steps to pursue unpaid wages or penalties. For a quick jump to specific sections: What are predictive scheduling laws? | Key provisions | How to pursue unpaid wages | Resources and next steps.
What Are Predictive Scheduling Laws?
Predictive scheduling laws require employers to give employees schedule information a set period in advance, limit last-minute schedule changes, and often require additional "predictability" pay when changes occur without required notice. The underlying goal is to cut down on the financial and personal chaos caused by fluctuating hours and surprise shifts.
Across the country, these rules vary by city and state, but they tend to share common duties for covered employers. First, advance schedule notice is usually required, with typical windows of 7–14 days depending on the jurisdiction. This core feature appears throughout overviews like the FactorialHR employer guide and the When I Work scheduling explainer, which both explain how advance posting reduces last-minute upheaval for workers.
Second, “predictability pay” is commonly owed when an employer adds, cancels, or reduces shifts without the legally required notice. That extra pay compensates workers for disrupted plans and lost wages, and it often applies to on-call schedules that get canceled or cut at short notice. Because the legal landscape is a patchwork, exact payments and triggers vary and evolve; legal commentators describe this variation in GTLaw’s analysis of Fair Workweek laws.
Third, many ordinances restrict on-call shifts or require pay if an on-call assignment is canceled or substantially reduced. Washington’s statewide context and the Seattle Secure Scheduling Ordinance are often cited examples for consumers and employees to reference when learning how these obligations operate.
Fourth, rules about minimum rest between shifts—often called “clopening” protections—may bar tight close/open combinations or require a premium when rest periods are too short. Practical write-ups for scheduling and HR teams, such as RoostedHR’s guide to predictive scheduling and clopening, explain why those protections matter.
Finally, coverage typically targets large retailers, chain food service and hospitality businesses, and hourly/shift workers. This focus on high-churn sectors with complex staffing needs shows up repeatedly in both employer and worker-facing resources, including the When I Work explainer, FactorialHR’s overview, and jurisdictional summaries like WorkforceHub’s Seattle/Washington page.
Understanding Predictable Scheduling Ordinances and How They Differ from State/Federal Rules
A predictable scheduling ordinance is a local law (city or county) that implements predictive scheduling principles and can be stricter than state or federal rules for covered employers and employees. Local rules often set the notice period, define predictability pay and shift cancellation pay, and specify enforcement processes. For instance, Seattle’s Secure Scheduling Ordinance applies to large chain employers and sets a 14-day posting requirement for many covered workplaces, as summarized in WorkforceHub’s Seattle overview.
Because the United States lacks a single federal predictive scheduling standard, the legal landscape is a patchwork of local and state rules. Commentators map this varied terrain—New York City, San Francisco, Chicago, Philadelphia, and Seattle among others—in resources like GTLaw’s Fair Workweek analysis and Paycom’s predictive scheduling roundup. Employer guides such as FactorialHR also note that an ordinance can go beyond state law on notice windows, covered industries, and penalties.
Federal law—especially the Fair Labor Standards Act (FLSA)—does not generally require advance scheduling notice. But federal rules do affect pay calculations. If a local predictable scheduling ordinance mandates predictability pay or penalties, that compensation may need to be included in the “regular rate” when calculating overtime. The U.S. Department of Labor discusses how scheduling penalties can affect the regular rate in its Fact Sheet on scheduling penalties and the regular rate.
Coverage thresholds matter. Many city ordinances apply to retail, food service, and hospitality chains and use size benchmarks—such as Seattle’s coverage of businesses with 500+ employees worldwide—to capture larger employers most capable of providing predictability in staffing. Those thresholds, and which job titles count toward them, are spelled out in local rules and summarized by sources like WorkforceHub (Seattle/Washington) and GTLaw’s patchwork overview.
Key Provisions of Predictive Scheduling Laws
Advance Schedule Notice
Advance schedule notice is the minimum amount of time an employer must provide a finalized schedule in advance (commonly 7–14 days). Many local ordinances set a 7-day or 14-day window, and some specify longer windows for certain changes. For example, Seattle’s Secure Scheduling Ordinance requires schedules be posted 14 days ahead for many covered employers, as summarized in WorkforceHub’s Seattle guidance and noted in broader analyses like GTLaw’s patchwork article.
What counts as a “change”? Additions, deletions, and reductions of hours below the scheduled amount typically qualify, as do certain shift swaps that are employer-directed. If your employer posts a schedule 10 days in advance where 14 days are required, changes inside that window may trigger predictability pay depending on the ordinance.
Practical example: if a city requires 14 days’ notice and your hours are cut with 5 days’ notice, the employer may owe extra pay according to the ordinance’s formula. Always check the local ordinance’s definitions and exceptions before assuming a payment amount.
Predictability / On-Call Scheduling Pay
On-call scheduling occurs when an employer requires an employee to be available for a specified window but does not guarantee work. Under many predictive scheduling laws, if an on-call shift is canceled or substantially reduced inside the notice window, the employee is owed “predictability” or “call-in” pay even if no work is performed.
For instance, if a 4-hour on-call shift is canceled within the 14-day notice window, the worker may be owed a fixed payment (for example, a set number of hours at the regular rate or a fraction of the scheduled wages). The exact amount depends on the local ordinance, but summaries such as WorkforceHub’s Seattle page and federal context like the DOL’s Fact Sheet on scheduling penalties and the regular rate explain how these payments work and when they affect overtime calculations.
Shift Cancellation Pay
Shift cancellation pay is compensation required when a scheduled shift is canceled without the legally required notice. Some ordinances set a flat extra hour of pay; others use formulas based on a percentage of the scheduled shift, or in certain cases, full wages. The amount and trigger definitions vary by city and state, so always confirm your local rule.
Seattle’s law, for example, requires pay for shifts canceled less than 14 days before the shift for covered employers; employees should review the city ordinance or authoritative summaries like WorkforceHub’s Seattle overview for precise formulas and thresholds. The Department of Labor’s Fact Sheet 56B also provides important context for when such penalties must be included in the regular rate for overtime calculations.
Rest Between Shifts / Clopening Rules
“Clopening” refers to back-to-back close/open shifts with little or no rest. Some predictive scheduling laws, and many employer policies, require a minimum rest period between shifts or mandate premium pay if the rest period falls below a threshold. In practice, that might mean guaranteeing 9–11 hours between shifts or paying a premium if the schedule forces less rest.
Industry explainers like RoostedHR’s predictive scheduling overview and legal analyses like GTLaw’s patchwork article describe how these protections reduce burnout and safety risks—particularly in retail and hospitality where late nights and early openings collide.
Coverage, Thresholds, and Exempt Employees
Coverage typically includes large retail, food service, and hospitality employers and focuses on hourly or shift-based workers. Many ordinances use size thresholds (for example, Seattle covers businesses with 500+ employees worldwide) or chain criteria to determine which employers are covered. They commonly exclude certain managerial or salaried exempt roles, although the specific exemptions differ by jurisdiction.
To understand whether your workplace is covered, compare your employer’s size, industry, and job classifications with the local ordinance and state rules. Helpful starting points include WorkforceHub on Seattle/Washington and GTLaw’s cross-city patchwork analysis.
On-Call Scheduling Pay and Shift Cancellation Pay — Practical Examples and Scenarios
Scenarios can make these rules concrete. The numbers below are examples. Your city may use different thresholds or formulas, so always check the local ordinance or authoritative summaries before relying on a specific calculation.
Scenario 1 — On-call canceled within notice window: You are placed on a 4-hour on-call shift 3 days in advance; the shift is canceled 24 hours before start. Under many ordinances, the employer owes on-call scheduling pay in the form of predictability pay (for example, a fixed number of hours at your regular rate or a fraction of the scheduled hours). The WorkforceHub Seattle summary and the DOL’s Fact Sheet on scheduling penalties explain how these payments arise and when they must be included in the regular rate for overtime purposes.
Scenario 2 — Scheduled 8-hour shift canceled with less than required notice (Seattle example): You are scheduled for an 8-hour shift. It is canceled with 10 days’ notice, but Seattle requires 14 days for many covered employers. In this situation, the employer must pay predictability/cancellation pay according to the Seattle predictive scheduling law, even if you did not work that shift. See the Seattle guidance on WorkforceHub for the ordinance details and payment rules.
Scenario 3 — Clopening violation and extra pay: You close at 11 p.m. and are scheduled to open at 6 a.m., leaving only 7 hours of rest. Where local rules or employer policies require more rest (for example, 9–11 hours), you may be entitled to a premium or have the right to refuse the assignment without penalty. Industry-focused discussions, such as RoostedHR’s guide, explain how clopening protections promote safety and predictable rest for workers.
If you suspect a violation, documenting the original schedule, the change, and the timing—plus saving app screenshots and texts—can make all the difference. For broader wage-and-hour strategies, see this detailed guide on unpaid overtime laws and recovering pay and how to file a wage claim.
Retail Scheduling Employee Rights — Protections and Anti-Retaliation
Retail scheduling employee rights often include:
Right to advance notice of schedules, commonly 7–14 days depending on the jurisdiction.
Right to predictability pay for last-minute changes, including on-call scheduling pay or shift cancellation pay when notice rules are not met.
Right to be free from retaliation for asserting scheduling rights, filing complaints, or refusing an unlawful unscheduled shift. Retaliation includes termination, reduced hours, demotion, threats, or schedule “punishment” for speaking up.
Right, in some jurisdictions, to decline unscheduled hours or changes that violate the ordinance without penalty.
To assert your rights safely, start by reviewing and saving your employer’s written scheduling policy and employee handbook. Written policies can be powerful evidence—especially if they promise practices that the employer ignores or contradicts. Next, send requests, concerns, and refusals in writing (email or text), and ask for written confirmation of any schedule changes. If a manager threatens retaliation, document the threat immediately and report it to HR or the relevant labor office.
Legal analyses such as GTLaw’s patchwork overview, local summaries like WorkforceHub on Seattle/Washington, and employer compliance pieces such as SHRM’s predictive scheduling compliance guidance all emphasize anti-retaliation rules and the importance of clear, consistent documentation by employees.
If retaliation or wage theft also touches pay stubs or final payments, these additional references may help: a state-by-state overview of paystub laws and wage statements and a clear primer on final paycheck laws.
How to Pursue Unpaid Wages or Penalties for Scheduling Violations — Step-by-Step
When schedules change at the last minute without required notice, act quickly. The sooner you collect proof, the stronger your claim for predictability pay or shift cancellation pay under a predictable scheduling ordinance or state law.
Step 1 — Immediate documentation
Save the original schedule posting (photo, screenshot, printout) and any revised postings.
Download or screenshot employer communications (emails, texts, scheduling app notifications) about the change or cancellation.
Preserve time cards, clock-in/clock-out records, and recent pay stubs showing hours and wages.
Collect names and contact info for witnesses (coworkers who saw the schedule or heard the direction).
Create a simple timeline with fields like: Date posted, Date notified of change, Original scheduled hours, Actual hours worked, Wages paid, Communication method, People involved, Witnesses.
If you are also missing overtime or minimum wage, consider the steps in this guide on how to file a wage claim and broader strategies for recovering unpaid wages with legal support.
Step 2 — Check the applicable law / ordinance
Determine which rules apply based on the workplace location (city/county/state), your employer’s size and industry, and whether a collective bargaining agreement changes any terms. Start with your city’s Office of Labor Standards, your state labor department, and federal resources.
Helpful references include WorkforceHub’s Seattle/Washington predictive scheduling page, GTLaw’s nationwide patchwork analysis, and the DOL’s Fact Sheet on scheduling penalties and regular rate. Each source helps you identify coverage thresholds, notice windows, and pay calculations. If you belong to a chain with a centralized scheduling system, confirm whether the ordinance’s chain thresholds cover your location.
Step 3 — Internal complaint / HR route
Put your complaint in writing to HR or your manager. Include your timeline and requested remedies, such as payment of predictability/cancellation pay, schedule corrections, and non-retaliation assurances. Ask for a written response by a specific date. If your workplace has a grievance portal or hotline, use it and take a screenshot of your submission.
Keep your tone factual and calm. Attach proof (schedule screenshots, texts, pay stubs) and point to the local ordinance or policy. Keep copies of everything you send and receive. If HR proposes a solution, confirm it in writing so there is a record.
Step 4 — Filing with government agencies
If the employer does not resolve your complaint, file with the appropriate agency: your city’s Office of Labor Standards (for local ordinances), your state labor department, or the U.S. Department of Labor for federal wage issues. Include your timeline, schedules, communications, pay stubs, and any witness statements.
Guidance on payment implications and regular-rate treatment appears in the DOL’s Fact Sheet 56B. For Seattle/Washington enforcement pathways, consult WorkforceHub’s summary, which points to local enforcement mechanisms.
Step 5 — Private lawsuits and legal aid
Some predictable scheduling ordinances and state laws allow employees to file private lawsuits for back pay, predictability/cancellation pay, liquidated damages, civil penalties, and attorneys’ fees. Legal commentators such as GTLaw’s overview explain how those remedies can vary.
If you need representation, consider local legal aid offices, worker centers, or bar association referral programs. For group-wide issues—like widespread schedule manipulations—learn how collective or class wage cases work in this overview of FLSA collective and class actions.
Step 6 — Protecting against retaliation
Retaliation is illegal. Document every adverse action (lost shifts, cut hours, threats) with dates, times, and screenshots. File a retaliation complaint with the same agency handling your wage complaint and request interim remedies, such as no schedule reductions while the investigation is pending. For more context on anti-retaliation provisions across cities, review GTLaw’s patchwork analysis.
Typical remedies and how calculations work
Common remedies include back pay for missed wages, predictability/cancellation pay, administrative penalties, and sometimes attorneys’ fees and statutory damages. To understand how these payments interact with overtime, consult the DOL’s Fact Sheet 56B on regular-rate treatment.
Generic example: If an 8-hour shift is canceled within the notice window and your ordinance requires 1 hour of predictability pay, your employer owes 1 hour at your regular rate, in addition to any wages already paid. Some cities require more, others less—always check the local rule. For broader wage-hour issues that may intersect with scheduling, see this step-by-step guide on filing a wage claim and related protections in employee rights protection strategies.
What Employers Usually Argue and How Employees Should Respond
Employers commonly raise three defenses—and you can prepare clear responses.
“Operational need” or sudden demand: Document the timing. If the employer knew about a big sale, delivery, or event weeks earlier, that undermines a true emergency defense. Many ordinances allow limited exceptions, but they are narrow. Cross-check the ordinance details summarized in GTLaw’s patchwork analysis.
“Employee agreed to change”: Ask for written proof. Use your own emails or texts to show you did not volunteer to change outside the rules—or that you only agreed under pressure. Going forward, insist on written confirmation of any “voluntary” change to avoid later disputes.
“We are exempt”: Verify coverage. Compare your employer’s size, industry, and chain status with the ordinance. Confirm whether your role is genuinely exempt (managerial or salaried) or whether you are hourly and covered. Use the ordinance and reliable summaries to rebut overbroad exemption claims, including cross-city comparisons from GTLaw.
In every case, your strongest tools are contemporaneous records of the schedule, the change, the notice interval, and the impact on your pay. Organize those files as soon as an issue arises.
Additional Resources and Next Steps
Use these resources to confirm your rights, understand payment calculations, and learn how city and state rules interact.
U.S. Department of Labor: Scheduling Penalties and the Regular Rate (Fact Sheet 56B)
WorkforceHub: Washington/Seattle Predictive Scheduling Overview
Related worker-focused guides:
Helpful tools to create for your own records:
A schedule-violation timeline capturing posting date, notice date, original hours, actual hours, and pay received.
A one-paragraph written complaint to HR summarizing the violation and the remedy you seek.
An evidence checklist of schedules, messages, pay stubs, and witnesses to include with a complaint.
Conclusion
Predictive scheduling laws exist to protect stability and financial security for hourly and retail workers. Check whether your city has a predictable scheduling ordinance or if the Seattle predictive scheduling law model applies to your situation. Document schedule postings, changes, and pay, and follow the step-by-step process above if your employer violates the rules. If you think your employer violated predictive scheduling laws, gather the documents listed above and contact your city Office of Labor Standards or a legal aid organization for next steps.
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FAQ
What is predictability pay and when am I owed it?
Predictability pay is extra compensation many ordinances require when your schedule is changed without the legally required notice. It often applies to added, canceled, or reduced shifts, including on-call assignments that are canceled last minute. Amounts and triggers vary by city, so review your local ordinance and consult the DOL’s context on the regular-rate treatment of penalties in Fact Sheet 56B.
When does on-call scheduling require pay?
Under many predictive scheduling laws, if an employer cancels or substantially reduces an on-call shift within the notice window, they must pay on-call scheduling pay (a form of predictability pay). See jurisdictional examples and details in WorkforceHub’s Seattle summary and the DOL’s Fact Sheet 56B.
Does Seattle require 14 days’ notice for schedules?
Yes, Seattle’s Secure Scheduling Ordinance requires many covered employers in retail and food service to post schedules at least 14 days in advance. For coverage thresholds, industry focus, and payment rules, consult WorkforceHub’s overview of Seattle’s ordinance.
What evidence do I need to file a scheduling complaint?
Collect the original schedule, any revised schedule, communications about the change (texts, emails, app messages), time cards, pay stubs, and a simple timeline documenting when you were notified and who communicated the change. If wages are owed, learn how to structure a filing using this guide on how to file a wage claim and keep your documentation organized for the city/state agency.
Can my employer discipline me for refusing an unscheduled shift?
In some jurisdictions, workers have the right to refuse unscheduled hours or changes that violate a predictable scheduling ordinance. Anti-retaliation rules generally protect you from punishment for asserting your rights, as summarized in GTLaw’s patchwork overview and WorkforceHub’s Seattle summary. Check your local ordinance for the exact protections.
This guide is informational and not legal advice; for assistance in specific cases, consult an employment lawyer or local Office of Labor Standards.
