San Francisco’s predictive scheduling law requires large chain retailers, restaurants, and similar businesses to post work schedules at least 14 days in advance, pay extra when they change those schedules on short notice, and offer available hours to existing part-time staff before hiring anyone new. The rules sit in two sections of the San Francisco Police Code (Articles 33F and 33G), passed in 2014 as the Formula Retail Employee Rights Ordinances.1City and County of San Francisco. Formula Retail Employee Rights Ordinances – Frequently Asked Questions They do not apply to every business in the city. The scheduling obligations only attach to chains with at least 40 retail locations worldwide.
Which Businesses Are Covered
A business falls under the scheduling and hours ordinances if it operates 40 or more retail locations worldwide and shares at least two standardized features across those locations, such as uniform signage, a standardized merchandise mix, matching decor, uniform employee apparel, or a common trademark.2American Legal Publishing. San Francisco Planning Code SEC. 303.1 – Formula Retail Uses Covered categories include restaurants, bars, limited-restaurants, liquor stores, retail stores, movie theaters, amusement arcades, financial services, personal services such as salons and gyms, and tobacco and massage establishments.1City and County of San Francisco. Formula Retail Employee Rights Ordinances – Frequently Asked Questions
Any employee performing work at a covered San Francisco branch is protected. The Office of Labor Standards Enforcement (OLSE) administers both ordinances.3San Francisco Board of Supervisors. San Francisco Police Code Article 33F – Hours and Retention Protections for Formula Retail Employees
Good Faith Estimate at Hire
Before a new employee’s first day, the employer must provide a written good faith estimate of the expected minimum number of shifts per month and the days, hours, and times of those shifts, including any on-call shifts. The estimate is not a guarantee, but it sets a baseline. If actual scheduling patterns drift far from what was promised, that gap can support a complaint.
The 14-Day Schedule Rule
Employers must post or transmit the actual work schedule at least 14 days before the schedule period starts. The schedule can go on a physical bulletin board visible to every worker, or it can be sent electronically if all employees have access to that system at work.4San Francisco Board of Supervisors. San Francisco Police Code Article 33G – Predictable Scheduling and Fair Treatment for Formula Retail Employees It has to include every shift and every on-call period. Partial schedules do not satisfy the rule.
Once posted, the schedule is something workers are entitled to plan around. Changes after that point cost the employer money.
Predictability Pay for Late Changes
When an employer changes the posted schedule inside the 14-day window, the affected worker earns additional compensation called Predictability Pay. The amount scales with how close to the shift the change happens:4San Francisco Board of Supervisors. San Francisco Police Code Article 33G – Predictable Scheduling and Fair Treatment for Formula Retail Employees
- Less than 7 days’ notice but 24 or more hours’ notice: one hour of pay at the regular rate per affected shift.
- Less than 24 hours’ notice, shift of 4 hours or less: two hours of pay at the regular rate.
- Less than 24 hours’ notice, shift of more than 4 hours: four hours of pay at the regular rate.
These amounts apply whether the employer adds an unscheduled shift, moves a shift to a different date or time, or cancels it outright.
Pay for On-Call Shifts
On-call shifts carry their own pay rules. If a worker is required to be available but never gets called in, the employer owes:4San Francisco Board of Supervisors. San Francisco Police Code Article 33G – Predictable Scheduling and Fair Treatment for Formula Retail Employees
- On-call shift of 4 hours or less: two hours of pay at the regular rate.
- On-call shift of more than 4 hours: four hours of pay at the regular rate.
Even if the employee never leaves home, holding those hours open has a cost the employer has to cover.
When Predictability Pay Is Not Owed
The ordinance carves out specific situations in which late changes do not trigger extra pay:4San Francisco Board of Supervisors. San Francisco Police Code Article 33G – Predictable Scheduling and Fair Treatment for Formula Retail Employees
- Operations cannot begin or continue because of threats to employees or property, or civil authorities recommend stopping work.
- Electricity, water, gas, or sewer systems fail.
- An earthquake, a state of emergency declared by the Mayor or Governor, or another cause outside the employer’s control intervenes.
- Another employee scheduled for the shift is out due to illness, vacation, or other time off, and the employer got less than seven days’ notice of that absence.
- Another employee scheduled for the shift fails to show up on time, is fired, or is sent home as a disciplinary measure.
Every exception involves something the employer did not choose. Slow business, overstaffing, or a manager who did not plan ahead do not qualify. Sending workers home early because traffic is light still triggers predictability pay.
Offering Hours to Part-Timers Before Hiring
Before hiring new workers or using staffing-agency temps, a covered employer must first offer the available hours in writing to existing part-time employees who are qualified to do the work. The employer only has to offer enough to bring a part-timer up to 35 hours per week, and the worker can decline without penalty. The employer decides how to divide additional hours among multiple part-timers. External hiring can only proceed after those internal offers have been made. The written offers must be kept on file for at least three years.3San Francisco Board of Supervisors. San Francisco Police Code Article 33F – Hours and Retention Protections for Formula Retail Employees
Retention When the Business Changes Hands
When a covered business is sold, the outgoing employer must give the new owner a retention list containing each eligible employee’s name, contact information, hire date, pay rate, average weekly hours, and job classification. The new owner must then offer each person on the list a written offer at the same classification, pay, and weekly hours they had before, and keep them employed for at least 90 days.5American Legal Publishing. San Francisco Labor and Employment Code SEC. 41.4 – Retention of Employees Upon Change in Control If the employee turns the offer down, the obligation is satisfied. The 90-day requirement still applies if the new owner moves the store within San Francisco or delays reopening for remodeling.
Enforcement, Penalties, and Retaliation
OLSE investigates complaints and can impose fines, seek injunctions, and refer matters for broader civil action by the City Attorney. Fines run $500 per affected employee per violation, plus $50 paid directly to each worker whose rights were violated.1City and County of San Francisco. Formula Retail Employee Rights Ordinances – Frequently Asked Questions
Employers must keep records of schedules, schedule changes, offers of additional hours, and related documents for at least three years and produce them when OLSE asks.3San Francisco Board of Supervisors. San Francisco Police Code Article 33F – Hours and Retention Protections for Formula Retail Employees Workers can file complaints directly with OLSE without hiring an attorney first.
Retaliation against employees who exercise these rights, report violations, or cooperate with an investigation is prohibited. Adverse action taken shortly after a worker asserts a scheduling right or files a complaint tends to draw close scrutiny from investigators.