Compliance Playbook Content: View Playbook • See disclaimer below
Overview
Predictability Pay and Right to Rest are Pay Exception rule types that can be configured within a Rule Set in the Above Store Console (ASC).
Some cities, states, and other jurisdictions have predictive scheduling requirements. These requirements may cover topics such as how much advance notice an employee must receive before a scheduled shift is changed, or how much rest time an employee must have between shifts. In HotSchedules, these rules are triggered based on configured scheduling conditions, such as changes to posted schedules or insufficient time between scheduled shifts.
- For details on creating, editing, and assigning Pay Exception Rule Sets in general, refer to this article.
- This functionality can be configured regardless of whether a specific jurisdiction is listed in the compliance coverage section below.
Compliance Coverage by Jurisdiction
The table below identifies cities, counties, or jurisdictions where Predictability Pay or Right to Rest rules may apply. Coverage can vary by employer, employee, location, and local requirements. Customers should confirm applicability before configuring rules in ASC.
| State | City / Jurisdiction | Predictability Pay | Right to Rest |
|---|---|---|---|
| California | Berkeley | Yes | Yes |
| California | Emeryville | Yes | Yes |
| California | City of Los Angeles | Yes | Yes |
| California | Unincorporated Los Angeles County | Yes | Yes |
| California | San Francisco | Yes | No |
| Illinois | Chicago | Yes | Yes |
| Illinois | Evanston | Yes | Yes |
| New York | New York City — Fast Food | Yes | Yes |
| Oregon | Statewide | Yes | Yes |
| Pennsylvania | Philadelphia | Yes | Yes |
| Washington | Seattle | Yes | Yes |
| Last Updated: September 14, 2026 | |||
Predictability Pay Rule Configuration
Predictability Pay can be configured to apply additional pay when a posted schedule is changed within a defined advance notice period, such as when hours are added, moved, or reduced. Applicable requirements vary by jurisdiction.
Note: Each rule type can be enabled or disabled using the checkbox next to the rule name. Settings can be configured while the rule is disabled, but the rule will not apply to assigned stores until it is enabled and the rule set is saved.
Configuration Definitions
-
A - Grace period: Defines the amount of time a scheduled shift can be changed without triggering a pay exception. Select whether the grace period applies to a change in the Shift Duration or the Shift Start and/or End Time, then select the allowed number of minutes.
- Example: If the grace period is set to 15 minutes and Shift Duration is selected, up to 15 minutes can be added to or removed from the scheduled shift without triggering a pay exception.
-
B - Advance Notice Period: Defines how much advance notice is required before a change to the posted schedule may trigger Predictability Pay. Select the notice period and whether it is measured from the Work Week Start or Shift Start.
- Example: If the advance notice period is set to 14 days, changes made less than 14 days before the affected shift may trigger Predictability Pay.
- C - Adding Hours: Defines the pay treatment when hours are added to a posted schedule.
- D - Moving Hours: Defines the pay treatment when scheduled hours are moved on a posted schedule.
- E - Cutting Hours: Defines the pay treatment when hours are reduced or removed from a posted schedule.
Select Add another condition to the rule to configure different pay settings for changes made within another advance notice period. The additional condition uses the previous notice period as its starting point and allows you to select a new upper limit.
Example: If the initial Advance Notice Period is 7 days, an additional condition could apply to schedule changes made with at least 7 days but less than 14 days of notice. Different pay settings can then be configured for changes made within that period.
- Hourly Employee Exclusion: Exclude hourly employees whose hourly rate is above a specified amount.
- Salaried Employee Inclusion: Include salaried employees unless their annual rate is above a specified amount.
- Advance Notice: Apply Predictability Pay to all shifts when the schedule is posted with less than the configured advance notice period.
- Employee Consent: Require employee consent when hours are added or moved on a posted schedule.
- Earning Code: Maps the applicable pay adjustment to an earning code for payroll export. This field is optional; if no earning code is configured, the standard default earning code is applied. Customers should confirm the appropriate earning code with their payroll team.
Right to Rest Rule Configuration
Some predictive scheduling requirements address the amount of rest time an employee must have between scheduled shifts. These requirements may be referred to as “right to rest,” “rest between shifts,” or “clopening” protections, depending on the jurisdiction.
In ASC, the Right to Rest rule can be configured to identify when there is less than the required amount of time between scheduled shifts and to apply additional pay based on the customer’s configuration.
Note: Each rule type can be enabled or disabled using the checkbox next to the rule name. Settings can be configured while the rule is disabled, but the rule will not apply to assigned stores until it is enabled and the rule set is saved.
Configuration Definitions
- A - Minimum Rest Period: Defines the minimum amount of time required between scheduled shifts.
- B - Pay Treatment: Defines the additional pay, if any, when the time between shifts is less than the configured minimum. Depending on configuration, pay can be a fixed amount, a multiplier applied to time worked within the Right to Rest period, or a multiplier applied to the entire shift.
- C - Weekly Hours Exclusion: Ignores the pay adjustment for a shift when the configured weekly hours threshold is exceeded.
- D - Employee Consent: Requires employee consent for a Right to Rest shift. If the shift is worked without consent, the configured additional amount is paid.
- E - Hourly Employee Exclusion: Excludes hourly employees whose hourly rate is above the specified amount.
- F - Salaried Employee Inclusion: Includes salaried employees unless their annual rate is above the specified amount.
- G - Earning Code: Maps the applicable pay adjustment to an earning code for payroll export. This field is optional; if no earning code is configured, the standard default earning code is applied. Customers should confirm the appropriate earning code with their payroll team.
Related Articles
- HS ASC: Time and Attendance - Pay Exceptions
- HS ASC: Pay Exceptions - Minimum Shift Rule
- HS ASC: Pay Exceptions - Split Shift Rule
- HS ASC: Pay Exceptions - Meals & Breaks Rule
- HS ASC: Pay Exceptions - Premium Pay Rule
- HS ASC: Pay Exceptions - Regular Schedule Rule
- HS ASC: Pay Exceptions - Good Faith Estimate Rule
Important Disclaimer: Customers are responsible for their own compliance obligations and should consult qualified legal or compliance professionals for guidance specific to their organization. This content is provided for informational purposes only and is not legal advice. Fourth provides this information to facilitate internal discussion and ongoing compliance awareness. It has not been prepared or reviewed by legal counsel, and Fourth does not provide legal or regulatory advisory services.
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