Fair Workweek laws improve retail schedules without cutting benefits

Workers covered by Fair Workweek laws were 13 percentage points more likely to receive their schedules at least two weeks in advance, a roughly 29 percent improvement over the baseline. Retailers can give associates more advance notice, fewer clopening shifts, and fewer last-minute changes without automatically trimming pay or benefits.

For a Home Depot store, that matters on the sales floor and in the back room. A pro desk associate who knows when they are working can plan around contractor deliveries, school pickups, and second jobs. A department lead who is not constantly rebuilding the week’s coverage is better positioned to keep product knowledge intact during seasonal surges, from spring garden to hurricane prep to the late-day rush of DIY customers after work.

What the laws are trying to fix

Fair Workweek laws grew out of a very specific retail problem: schedules that change too late for hourly workers to build a life around them. These laws generally require schedules to be posted at least 14 days in advance, restrict clopening shifts, and require predictability pay for on-call work or last-minute changes.

Oregon became the first state to pass a predictive scheduling law in 2017. Seattle’s Secure Scheduling Ordinance took effect on July 1, 2017, and applies to retail and food-service establishments with 500 or more employees worldwide.

What the study found

The Science Advances paper, “Fair Workweek Laws in the U.S.: An Appraisal of Intended and Unintended Consequences,” looked at five jurisdictions: Chicago, Philadelphia, New York City, Oregon, and Seattle. Daniel Schneider and Kristen Harknett led an analysis built on seven years of survey data from more than 87,000 hourly retail and food service workers.

The laws also produced an 8-point drop in back-to-back closing and opening shifts and a 6-point reduction in last-minute schedule changes.

The study found no reductions in sick leave, employer-sponsored health coverage, dental coverage, or paid vacation. It found modest increases in health insurance coverage.

Why enforcement changes the outcome

The law on the books is only part of the story. New York City has pursued the most high-profile enforcement actions and the largest financial settlements for Fair Workweek violations, and that appears to matter. In the city’s 2026 enforcement push, restitution tied to Fair Workweek violations involving fast-food and retail employers came to nearly $1.8 million.

The rules are not self-executing. A policy can exist for years, but if schedule notice is routinely late or changes are routinely made at the last minute, compliance risk rises with every posting cycle. It also means store-level habits, not just corporate policy, shape whether the rules actually improve day-to-day life.

Why retail scheduling is so hard to get right

Retail is not a factory line. Coverage rises and falls with customer traffic, seasonal demand, product launches, promotions, weather, and employee availability. That is especially true at Home Depot, where a Saturday morning rush after a warm spell, a storm-driven emergency buy, or a major DIY promotion can quickly change staffing needs.

That variability can make Fair Workweek laws feel disruptive at first. But the research found gains in advance notice and drops in clopening shifts and last-minute schedule changes.

What this means on a Home Depot schedule

For associates, the practical value is easy to see. Two weeks of notice makes it easier to arrange child care, transit, class schedules, and second jobs. Fewer clopening shifts mean less fatigue, which matters in a store where lifting, ladder work, customer service, and product expertise all depend on being sharp. More stable schedules also help retain associates who build real knowledge about lumber, plumbing, electrical, flooring, and the pro desk.

For managers, the tradeoff is more operational discipline, not lower labor standards. A better schedule is built earlier in the week, posted sooner, and changed only when the business case is real. That means tighter forecasting around weekend traffic, seasonal events, delivery windows, and department-specific coverage needs. It also means limiting avoidable callout chaos by making sure the right people are placed where demand is most likely to spike.

Several practical moves follow from the research:

• Post schedules as early as possible, with two weeks as the default standard rather than the exception.
• Keep last-minute changes rare and documented, especially when they create lost time or clopening problems.
• Build some flexibility into peak periods so a sudden weather shift or promotion does not force a same-day scramble.
• Treat stability as a retention tool, especially for associates with deep product knowledge or customer relationships.
• Use predictability as part of the store’s operating rhythm, not as an afterthought to be fixed when complaints arrive.

The broader lesson for large retailers

The study spans five jurisdictions and draws on seven years of survey data from more than 87,000 hourly retail and food service workers. Ten cities and states have adopted fair workweek or predictable scheduling laws over the last decade.