Predictive Scheduling in Philadelphia Restaurants: Key Takeaways
- Philadelphia's Fair Workweek Ordinance mandates 14 days' advance written work schedules for qualifying employers.
- Schedule changes after notice require predictability pay: one hour at regular pay for added shifts, half pay for reduced/canceled shifts.
- Employees can refuse shifts with less than 9 hours rest or accept with written consent and $40 premium pay.
Philadelphia restaurants must comply with the Fair Workweek Employment Standards Ordinance to implement predictive scheduling effectively.
This article outlines the ordinance requirements, implementation steps, and available templates to support compliance.
1. Understanding Predictive Scheduling in Philadelphia Restaurants
Predictive scheduling in Philadelphia is governed by the Fair Workweek Employment Standards Ordinance that took effect on April 1, 2020.
The law applies to retail, hospitality, and food service employers with 250 or more employees and at least 30 locations worldwide, including many large restaurant chains.
Its purpose is to enhance schedule stability and fairness for employees, while providing operational transparency for employers.
For broader compliance considerations, see job posting compliance.
Key requirements include providing employees with their written work schedules at least 14 days in advance, offering a good faith estimate of expected work hours upon hiring, and ensuring appropriate predictability pay for schedule changes after the notice period.
2. Key Predictive Scheduling Requirements for Philadelphia Restaurants
Advance Notice and Good Faith Estimate
Employers must provide a written work schedule at least 14 days before the first day of the schedule.
Additionally, new hires must receive a written good faith estimate of the expected work schedule which outlines anticipated hours and shifts.
Predictability Pay for Schedule Changes
If changes to the schedule occur after the 14-day notice, employees are entitled to compensation known as predictability pay.
- If a shift is added or changed without reducing hours, employees receive one additional hour of pay at their regular rate.
- If hours are reduced or canceled, employees receive half their regular hourly rate for any lost hours.
Scheduling changes are largely coordinated by managers; review the restaurant manager job description.
Right to Rest Between Shifts
Employees have the right to decline shifts starting less than nine hours after their prior shift ends.
If an employee agrees to such a shift, they must provide written consent and receive an additional $40 premium for each such shift worked.
Offer of Additional Hours to Existing Employees
Before hiring new staff, employers must first offer available open shifts to current employees qualified to perform the work.
This provision helps maximize hours for existing staff and reduces reliance on new hires.
When redistributing shifts, clarify expectations with a solid server job description.
3. Steps to Implement Predictive Scheduling in Philadelphia Restaurants
Policy Development for Fair Workweek Compliance
Restaurants should develop clear scheduling policies aligned with the ordinance’s requirements.
Policies need to detail processes for providing written advance notice, handling schedule changes, predictability pay calculations, and offering additional hours to existing employees before new hires.
Use these restaurant HR policies to formalize Fair Workweek procedures.
Managers and Staff Training
Educate managers and scheduling personnel on all predictive scheduling obligations to ensure consistent compliance.
Training should cover timing and methods of schedule distribution, documenting consents for early shifts, and communication protocols.
Build training plans with a concise manager training checklist.
Leveraging Technology for Scheduling and Communication
Adopt scheduling software solutions designed to support Fair Workweek requirements.
Platforms like Harri offer tools to automate advance notice distribution, track predictability pay, manage employee shift offers, and send real-time notifications of schedule changes.
Define responsibilities around tools and shift handoffs using the kitchen manager job description.
Accurate Documentation and Record-Keeping
Maintain detailed records of all schedules, employee consents, schedule changes, and communications.
Such documentation is critical for demonstrating compliance during audits or investigations by labor authorities.
Prevent wage risks and legal exposure tied to schedule changes and approvals by addressing off-the-clock risks.
Employee Communication and Notifications
Implement systems to alert employees promptly when schedules change and to collect necessary approvals for shifts starting with short rest periods.
Transparent communication fosters trust and ensures employees are aware of their rights and obligations.
Align back-of-house expectations with a clear line cook job description.
4. Useful Templates for Predictive Scheduling in Philadelphia Restaurants
Using templates can simplify compliance and promote consistency across scheduling and communication processes.
- Good Faith Estimate Form: Provides new hires with a written overview of their expected work schedule including days and hours.
- Schedule Change Notice: Documents any modifications to posted schedules, reasons for the changes, and notifies employees of predictability pay entitlement.
- Shift Offer Form: Records offers of additional shifts to current employees before making new hires, including responses and acceptances.
These forms can be digital or paper-based depending on your operational needs, and integrating them into scheduling software streamlines management.
5. Benefits of Implementing Predictive Scheduling in Philadelphia Restaurants
Implementing predictive scheduling in line with the Fair Workweek Ordinance offers multiple advantages.
Employees enjoy greater schedule stability and financial predictability, enhancing job satisfaction and reducing last-minute cancellations.
Employers benefit from improved workforce planning, lower turnover costs, and compliance with municipal labor laws that protect against penalties.
6. Additional Resources for Philadelphia Restaurant Employers
- City of Philadelphia Department of Labor: Fair Workweek Regulations
- Philadelphia Fair Workweek Ordinance Details - GovDocs Overview
- Predictive Scheduling Laws Guide - Workforce.com
- Harri Resources on Philadelphia’s Fair Workweek Requirements
Predictive Scheduling in Philadelphia Restaurants: Conclusion
Philadelphia restaurants operating within the scope of the Fair Workweek Ordinance must prioritize predictive scheduling compliance by providing required advance notices, handling schedule changes with proper predictability pay, respecting employees’ right to rest, and offering additional shifts to current workers first.
By developing clear policies, training staff, adopting technology, maintaining documentation, and utilizing available templates, employers can streamline compliance efforts.
These steps benefit both the workforce's stability and the restaurant’s operational effectiveness, supporting long-term success and adherence to Philadelphia's labor standards.