Oregon Fair Work Week law: does it apply to your restaurant?

Oregon passed one of the first statewide predictive scheduling laws in the country, called the Fair Work Week Act. It requires large retail, hospitality and food service employers to give workers their schedules two weeks in advance and to pay extra for last-minute changes. The headline is that it covers only employers with at least 500 employees worldwide, so most independent restaurants, cafes and bars are not covered. But the law shapes what workers expect, and good scheduling habits help every business.

Who is covered by the Oregon Fair Work Week law?

The Bureau of Labor and Industries, known as BOLI, says the law applies to employers with 500 or more employees worldwide in retail, hospitality or food services. BOLI's guidance explains how the headcount is measured, and related companies may be counted together. That means a franchise location with eight staff may be covered if the franchisor or the franchisee's wider group is large enough, and an independent with two sites is almost certainly not.

Coverage depends on the employer's industry classification and on the employee's main duties. A cook or dishwasher at a covered restaurant is counted, while a payroll clerk or bookkeeper whose main duties are not tied to the establishment is not. If you are close to the threshold, or part of a group, ask BOLI or an employment lawyer whether you are covered.

What does a covered employer have to do?

The main requirements are:

1. A written, posted schedule 14 calendar days before the first day it covers, including all work and on-call shifts. Notice was shorter when the law began, and sources give different dates for the move to 14 days.
2. A good-faith estimate of hours at hire. Applicants must be given an estimate of the hours they can expect to work.
3. Extra pay for changes without notice. If an employer changes the schedule without the required notice, it owes additional compensation to the worker.
4. Rest between shifts. Law-firm summaries put the minimum at 10 hours between the end of one shift and the start of the next, with extra pay when the rest is cut short. Read the statute for the exact terms.

Employers also need to keep records. Details of the extra pay, and the exceptions for emergencies and for workers who volunteer to swap shifts, are in the statute and BOLI rules, so read them if you are covered.

What if you are not covered?

Not being covered does not mean the law is irrelevant. Workers across Oregon have heard of it, and a business that gives two weeks of notice has an advantage in hiring. Predictable schedules are one of the things restaurant workers say they want, because they plan child care, second jobs, study and travel around them. If your staff compare your schedule habits with those at a larger chain, you want to look good.

You are also still bound by other Oregon laws: paying at least the minimum wage for your zone, paying tipped staff the full wage, giving meal and rest breaks, and keeping accurate records of hours.

How can an independent publish schedules earlier?

You do not need a legal requirement to improve your schedule. Practical steps include:

• Post the schedule on a fixed day every week or every two weeks. Consistency matters more than the exact lead time.
• Collect availability once, not every week. Keep a record of when each person can work.
• Build a shift swap process. Let staff trade shifts with each other, with manager approval, in a shared app or a group message, so changes are handled by the team.
• Keep a list of people who want extra shifts. When you are short, ask them first.
• Plan around known busy periods. Look at last year's sales for holidays, events and weather to forecast staffing.

How do you handle a quiet day or a no-show?

Quiet days are the hard part of scheduling a restaurant. If you cut staff early, they lose hours they had planned on. If you keep them on, you pay for an empty room. A middle path is an on-call list, with clear rules, or an agreement that people can leave early voluntarily. If you are covered by the law, on-call shifts are included in the notice requirement, so ask about them. For a no-show, have a written call-out procedure and a backup list.

How does this compare with other places?

A handful of cities have predictive scheduling laws too, often limited to chain restaurants and retail, and a 2026 guide describes Oregon as the only state with a statewide rule. If you work across state lines, check each location separately. See our guide to New York's tip credit and fair workweek for the New York rules.

What records do you need to keep?

Whether or not you are covered, keep copies of published schedules, records of changes with the date and reason, hours worked, rest periods and any extra pay. If a worker raises a complaint, a clear record is your best defense. Keep records for the period required by Oregon law, which BOLI can confirm.

What should you do next?

Count your employees, including any parent or related companies, and check whether the 500 threshold is near. Write a schedule policy that explains when schedules are posted and how changes work. Train managers on it, and review it with staff once a year. If you grow, set a reminder to check coverage when you hire.

More guides for your business:

• Oregon minimum wage by zone and no tip credit: a guide for restaurants
• Oregon has no sales tax: the taxes a Portland restaurant still pays
• Oregon food handler card: what restaurant employers must do (2026)

More in the US guides for food businesses.