Philadelphia Fair Workweek Lawsuit Investigation: Are Employers Denying Predictability Pay?

Attorneys working with ClassAction.org are investigating whether class action lawsuits can be filed on behalf of retail, food service and hospitality workers in Philadelphia whose employers may have violated their rights under the city’s Fair Workweek Employment Standards Ordinance.

The Philadelphia fair workweek law, which went into effect on April 1, 2020, aims to provide workers with advance notice of work schedules, predictability pay, proper rest breaks between shifts and other employment protections.

The attorneys suspect certain employers could be violating the local labor law by issuing workers’ schedules without 14 days’ advance notice, making shift changes without providing predictability pay, scheduling consecutive shifts with less than nine hours of rest in between without workers’ consent and other practices.

As part of the investigation, the attorneys need to hear from retail, food service and hospitality workers in Philadelphia who believe their rights under the local ordinance may have been violated. If your employer’s business and pay practices are out of step with the Philadelphia fair workweek law, you may be entitled to unpaid wages, including predictability pay, and other damages.

Who’s Covered by the Philadelphia Fair Workweek Law?

The Philadelphia Fair Workweek Employment Standards Ordinance applies to retail, food service and hospitality establishments with at least 250 employees and 30 or more locations worldwide, including chains and franchises.

For employees, the fair workweek law covers individuals who work in Philadelphia for a qualifying employer and provide retail, food or hospitality services. This may include floor managers, delivery drivers, tipped employees, maintenance workers, security staff, front desk or front-of-house employees, non-exempt pharmacy staff and more.

Philadelphia’s fair workweek law provides protections for covered workers regardless of immigration status or whether they are full-time, part-time, temporary or seasonal employees.

When Does My Employer Have to Give Me My Schedule?

Under the Philadelphia fair workweek ordinance, qualifying employers must provide workers’ schedules at least 14 days in advance. The 14-day schedule notice must include all times the employee is scheduled to work during a given workweek.

The labor law also requires that new employees be given a good-faith estimate of their schedule upon hire—that is, an average of hours or shifts they can typically expect to work. The good-faith estimate must include the average number of hours the employee can expect to work over a 90-day period, the days and times they can expect to work or not work and whether or not they can expect to be on call.

Can My Employer Change My Schedule Last Minute?

The Philadelphia fair workweek law requires an employer to provide workers with additional compensation known as predictability pay if it makes a change to the posted work schedule after the advance notice period.

By law, a worker is entitled to one hour of predictability pay at their regular rate if their employer adds time to a shift or changes the date, time or location of a shift. Furthermore, if an employer cancels or reduces hours from a regular or on-call shift, the Philadelphia labor law states that the worker is entitled to half their regular rate per hour for any scheduled hours they do not work.

According to the local ordinance, employees have the right to decline to work any hours or additional shifts not originally included in the posted schedule.

The Nine-Hour Rest Rule and “Clopening” Shifts

Philadelphia’s fair workweek law establishes strict requirements to provide covered employees with a right to rest between shifts.

According to the city ordinance, an employer must obtain a worker’s consent before scheduling them to work a shift that begins less than nine hours after the end of the previous day’s shift or during the nine hours following the end of a shift that spanned two days.

This may include what are known as “clopening” shifts—i.e., when an employee works a closing shift followed by an opening shift.

The “clopening” law stipulates that an employee has the right to decline work hours scheduled to start less than nine hours after the end of their last shift. If they decide to work the hours, they are entitled to an extra $40 payment from their employer.

Do I Have a Right to Open Shifts?

The Philadelphia Fair Workweek law requires that existing employees be offered any open shifts before an employer can take on new hires.

The Fair Workweek open shifts requirement mandates that the employer post notice of available work shifts for at least 72 hours and include the process by which existing employees can notify the employer of their desire to work the open shifts.

How Could an Employer Violate Philadelphia’s Fair Workweek Law?

Employers in Philadelphia may run afoul of the city ordinance by issuing late-notice schedules, making last-minute changes to an employee’s hours without providing predictability pay or scheduling consecutive shifts with less than nine hours in between without the employee’s consent or without paying $40. They could also violate the fair workweek law by taking on new workers before offering open shifts to current employees or failing to provide a new hire with a good-faith estimate of average work hours before they start.

A lawsuit filed in June 2023, for example, claimed PetSmart had repeatedly violated the labor law by issuing late-notice work schedules and making shift changes without consent and without providing proper predictability pay.

The plaintiff, a former employee, alleged that the retailer had unlawfully failed to offer existing workers open shifts before hiring new employees and had at no point given them a good-faith estimate of their average work hours, as required by the local labor law.

Attorneys working with ClassAction.org are now investigating whether other covered employers in Philadelphia are fully complying with predictive scheduling laws. In the event of a fair workweek violation, employees may be able to take legal action to recover money.

What Could I Be Owed If My Employer Is Breaking Philadelphia Labor Law?

If an employer violates a worker’s rights under Philadelphia labor law, the company could face fair workweek penalties and administrative fines. It may also have to pay restitution to the employee.

If you suspect your employer’s business and pay practices are inconsistent with the local ordinance, you and other affected workers may be entitled to any unpaid wages, including predictability pay, and other damages.

How Could a Philadelphia Fair Workweek Lawsuit Help?

If filed and successful, class action lawsuits could force employers to modify their practices to bring them in line with labor law. A Philadelphia fair workweek lawsuit could also help affected retail, food service and hospitality employees recover any unpaid wages and other damages they may be owed in connection with violations of their rights.

Did Your Employer Change Your Schedule Without Notice? Here’s What You Can Do.

If you work in retail, food service or hospitality for a covered employer and suspect your rights under the Philadelphia fair workweek law may have been violated, attorneys want to hear from you.

It doesn’t cost anything to reach out or learn more about the investigation, and you don’t have to take any legal action if you decide not to. It is important to note that retaliation by employers against workers who exercise their legal rights (including by filing a Philadelphia fair workweek lawsuit) is illegal under the local labor law.

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