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Scheduling Requirements

Reporting Pay

Reporting Pay laws generally require employers to pay non-exempt employees a premium if, after the employee reports to work, their scheduled shift is canceled, or their work hours are reduced. Reporting Pay requirements differ by jurisdiction, including the premium due and industry covered.

States with Reporting Pay laws include:

  • California
  • Connecticut
  • District of Columbia
  • Massachusetts
  • New Hampshire
  • New Jersey
  • New York
  • Oregon (for minors only)
  • Rhode Island

Some localities have also enacted Reporting Pay ordinances, so it is important to check your local laws. 

Split-Shift Pay

Split-Shift Pay laws generally require employers to pay a premium to non-exempt employees who work a split shift, which is typically any schedule of daily hours that is interrupted by non-paid, non-working periods other than meal or rest breaks. Split-Shift Pay requirements differ by jurisdiction, including the premium due and industry.

States with Split-Shift Pay laws include:

  • California
  • District of Columbia
  • New York

Some localities have also enacted Split-Shift Pay ordinances, so it is important to check your local laws. 

Predictive Scheduling

Predictive Scheduling laws generally require employers to provide non-exempt employees a certain amount of advance notice of their work shifts and provide premium pay for last-minute schedule changes. If there are certain changes in an employee’s work schedule without the required advance notice, the employer must provide premium pay. Predictive Scheduling Pay requirements differ by jurisdiction, including the premium due and industry.

Oregon is currently the only state with a Predictive Scheduling law.

Some localities, including Chicago, New York, and Philadelphia, have also enacted Predictive Scheduling ordinances so it is important to check your local laws.

“Clopening” Laws

“Clopening” laws generally require employers to pay non-exempt employees a premium for “clopening” shifts in retail and fast-food industries. This type of work shift typically requires an employee to close the business and open the business the next day – otherwise known as a “clopening.”
There are currently no states with “clopening” laws. However, some localities have enacted “clopening” ordinances so it is important to check your local laws. For example, in New York City, fast food employers must provide premium pay for employees who work “clopening” shifts. Employees also have the right to refuse to work such shifts.

There are currently no states with “clopening” laws. However, some localities have enacted “clopening” ordinances so it is important to check your local laws. For example, in New York City, fast food employers must provide premium pay for employees who work “clopening” shifts. Employees also have the right to refuse to work such shifts. 

The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.