Philadelphia Workers, Does Your Employer Owe You for Fair Workweek Violations?

Employers in Philadelphia may owe hourly workers, working in the service, hospitality, and retail industry, money for violations of the Philadelphia Fair Workweek Ordinance.

The Philadelphia Ordinance was passed in December 2018 and had been scheduled to go into effect on January 1, 2020. But due to the Covid-19 pandemic’s impact on service and retail businesses, the effective date was pushed back to April 1, 2020.

The Fair Workweek Law passed as a result of workers lobbying City Hall for protections against the unpredictable scheduling that is pervasive in retail, hospitality and food service industries. Frequent last minute schedule changes, including being required to work late or being cut early, combined with employers’ failing to offer full-time employment when available, create significant barriers to low wage workers’ ability to stay out of poverty. Unpredictable scheduling causes income instability, prevents workers from taking a second job, and leaves workers unable to reliably schedule any commitments outside of work. Additionally, multiple studies have shown that unpredictable scheduling is a stronger predictor of the health of a worker and their children than the number of hourly wages as it impacts psychological distress, sleep quality, childcare, and ability to access healthcare.

To address these issues, the Philadelphia Fair Workweek Ordinance requires retail, hospitality, and food service employers with 30 or more locations and 250 or more employees to pay extra money to employees when:

They fail to provide a written good faith estimate of a set schedule upon hiring ($200);
They fail to post a work schedule no later than 14 days before the start of any new schedule ($50 per pay period in which a violation occurs);
They change the work schedule without 14 days’ notice (1 hour of pay per incidence, even if there is no loss in work hours);
They make employees work an additional shift or hours not on the posted schedule without written consent ($100 per pay period in which a violation occurs);
They change the location of a work shift without 14 days’ notice (1 hour pay per incidence);
They send the employee home early by more than 20 minutes or cancel a shift (half pay for any scheduled hours not worked);
They send the employee home late by more than 20 minutes (1 hour of pay per incidence);
They cancel an on-call shift (half pay for any scheduled hours not worked);
They make the employee come back to work without 9 hours off in between shifts spanning two days ($40 per incidence);
They fail to provide written notice of available work hours ($50 per pay period in which a violation occurs);
They fail to provide written notice of the policy for distributing work hours ($50 per pay period in which a violation occurs); and when
They fail to offer additional shifts to current employees before hiring new employees ($1,000 for each pay period in which the violation occurs).

Employers must also post a notice of these requirements, maintain records that demonstrate their compliance with the Fair Workweek Law, and cannot punish or retaliate against Employees who seek to exercise their rights under the Ordinance.

If your employer failed to meet these requirements, you may be entitled to the money damages enumerated above and an equal amount, up to $2,000 in liquidated damages. If you believe that your employer is breaking the law, keep evidence such as handwritten notes or text messages documenting conversations with your employer that show any violation you notice. If you are interested in learning more, contact Ryan A. Hancock, Esq.

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