What Is the Philadelphia Fair Workweek Law?

And Why Did Target Have To Pay $22,450 for Breaking It?

Recently, Target was forced to pay $22,450 to approximately 70 employees because it violated the city’s Fair Workweek law. This marks the first time a company has violated the law in the year since it was passed.

Here’s a look at the Fair Workweek law, the rights it affords employees in Philadelphia, and what Target did to violate the law.

What Is the Philadelphia Fair Workweek Law?

In many industries throughout the country—but especially in lower-paid industries—irregular schedules can be a huge problem for workers.

Millions of workers across the United States are subject to “just-in-time” scheduling practices that allow companies to constantly shift schedules around in response to fluctuating consumer demand and market conditions. This saves labor costs for the company, but can have a chaotic and destabilizing effect on all aspects of employees’ lives.

Under “just-in-time” scheduling, workers may be constantly on call, not knowing until a few hours in advance whether they’ll have to work or whether an existing shift will change. This makes it difficult—if not impossible—to manage a life outside of work.

Irregular scheduling can have a detrimental effect on all aspects of an employee’s mental and physical health, as well as their family and personal life. As of now just a few US cities (and one state—Oregon) have laws that limit employers’ ability to erratically schedule their employees. Philadelphia is one of them.

What Rights Do You Have Under the Fair Workweek Law?

Philadelphia’s Fair Workweek law mandates that employers provide a regular, predictable work schedule for workers in sectors such as service, hospitality, and retail, with 14 days advance notice of a schedule change.

Employers must also provide a good-faith estimate of how many hours an employee will work in a week. Good faith estimates have to be backed by hard data from regular employee scheduling, market demand and other data forecasting tools and sources.

Not all employers are subject to Fair Workweek. Currently, the law applies to companies with at least 250 employees and 30 locations worldwide; it’s mainly targeted to franchises and chain companies.

What Did Target Do Wrong?

Target failed to post weekly work schedules at least 14 days in advance at its South Philadelphia location, leaving employees in the dark about their upcoming work schedules. Most workers included in the lawsuit received a check for $350.

Target did comply with the law’s requirement that it post a flier in the workplace that outlines employees’ rights under the Fair Workweek law. However, Human Resources staff said that employees often came to them with questions because the flier was difficult to understand.

Is Your Employer Violating the Fair Workweek Law?

If your schedule is erratic and your company can be considered subject to the Fair Workweek law, your employer may be violating your rights.

A knowledgeable Philadelphia employment lawyer can help you determine whether that’s the case, and help you and your coworkers receive compensation.

Call us at 267-273-1054 or email us at murphy@phillyemploymentlawyer.com for a free, confidential consultation today.

The information provided here does not constitute legal advice. It is intended for general purposes only. If you have questions about a specific legal issue, you should speak to an attorney.