If you are a service, hospitality, or retail worker in Philadelphia and your employer has at least 250 workers in 30 locations across the world, you have rights under Philadelphia’s Fair Workweek Law! You may be entitled to get your work schedule ahead of time and be paid if your employer makes last-minute changes to your schedule. You may also be entitled to pick up additional open shifts, refuse to work additional shifts, and to take time off between certain back-to-back shifts. You have 2 years to file a legal claim for violations of the Fair Workweek law. CLS provides legal advice and representation to workers in cases involving Fair Workweek violations!
You have the right to a predictable work schedule
- Your employer must give you an estimate of your work schedule when you are hired, including average weekly hours and a list of days, times, and shifts you can expect to work.
- Your employer must give you your schedule at least 14 days in advance, in writing or posted in an accessible place.
You have the right to be paid if your employer makes last minute changes to your schedule
- Your employer must pay you “predictability pay” at the rates below if they change your schedule more than 24 hours after posting it:
- If you are asked to work more: One hour’s pay at your regular rate in addition to pay for all hours worked, if your employer adds time to your shift or changes the date/time/location of your shift.
- If you are asked to work less: One half of your regular hourly rate, for any scheduled hours that you did not work.
- You should see your predictability pay reflected on your paycheck
You have the right to refuse work
- Your employer cannot require you to work more than scheduled, and you have the right to refuse to work more hours than originally scheduled
- You have the right to decline work hours scheduled to start less than nine hours after the end of your last shift
- But you may volunteer to do so, and if you volunteer to do so your employer must pay you an additional $40
You have the right to pick up open shifts
- Your employer must offer you available shifts before they can hire new people
- Notice of new shifts must be posted in an accessible place for at least 72 hours before new people are hired
- The notice must contain descriptions of the position, qualifications, schedule of available shifts, and the process to accept the offer to work additional shifts
What to do if your employer violates the Fair Workweek law
- Contact Community Legal Services of Philadelphia at (267-765-6490) or fill out the form below
- File a complaint directly with the Philadelphia Department of Labor’s Office of Worker Protection at fairworkweek@phila.gov or by calling (215) 686-0802
- For more information, visit https://www.phila.gov/documents/fair-workweek-resources/
