Laws by city · read 2026-09-30
Clopening laws by city and state
9 places set a minimum rest between a closing shift and the next one, with a premium when the employee works it anyway. Each rule below is read on the city's or state's own code or labor office page; open a row for the rule text, coverage and a calculator.
| Jurisdiction | Rest | Counts | Premium | In force since |
|---|---|---|---|---|
| New York City | 11 h | After the previous day's shift | $100 per shift | 2017-11-26 |
| Oregon | 10 h | After the previous day's shift | Time and a half on hours inside the window | see source |
| Seattle | 10 h | After the previous day's shift | Time and a half on hours inside the window | 2017-07-01 |
| Chicago | 10 h | After the previous day's shift | 1.25 times the rate on the whole next shift | see source |
| Philadelphia | 9 h | After the previous day's shift | $40 per shift | see source |
| Los Angeles (city) | 10 h | After the previous day's shift | Time and a half on the whole next shift | 2023-04-01 |
| Los Angeles County (unincorporated) | 10 h | After any previous shift | Time and a half on the whole next shift | 2025-07-01 |
| Emeryville | 11 h | After the previous day's shift | Time and a half on hours inside the window | 2017-07-01 |
| Evanston | 11 h | After any previous shift | Time and a half on hours inside the window | 2024-01-01 |
Who is covered
- New York City (NYC Fair Workweek Law, fast food (Administrative Code § 20-1231)): The workplace is a fast food establishment: its main purpose is food or drink, customers order and pay before eating, limited service; It is part of a chain of 30 or more establishments nationally (counting an integrated enterprise or a franchisor with its franchisees); The employee works in New York City in customer service, cooking, food or drink preparation, delivery, security, stocking, cleaning or routine maintenance, and is not salaried.
- Oregon (Oregon predictive scheduling law (ORS 653.442, right to rest between work shifts)): The employer is a retail establishment (NAICS 44-45), a hotel, motel or casino hotel (NAICS 721110, 721120) or a food services establishment (NAICS 722); It employs 500 or more employees worldwide, counting a chain or an integrated enterprise; The employee is not a salaried employee exempt under ORS 653.020(3), not a leased worker, and does not work for a contractor serving the employer.
- Seattle (Seattle Secure Scheduling Ordinance (SMC 14.22)): Hourly employee at a retail or food services establishment; The employer has 500 or more employees worldwide; Full-service restaurants: also 40 or more full-service locations worldwide.
- Chicago (Chicago Fair Workweek Ordinance (Municipal Code 6-110-070)): The employee works in one of seven covered industries: building services, healthcare, hotels, manufacturing, restaurants, retail or warehouse services; The employee earns no more than $33.85 an hour or $64,945.55 a year (the ceiling the City lists; it is adjusted each July 1); The employer has at least 100 employees globally (restaurants: 250 employees and 30 locations).
- Philadelphia (Philadelphia Fair Workweek Employment Standards (Code § 9-4604; Regulations § 7.0)): The employee provides retail trade, food or hospitality services (full time, part time, seasonal, temporary or non-exempt); The employer has 250 or more employees and 30 or more locations worldwide.
- Los Angeles (city) (City of Los Angeles Fair Work Week Ordinance (LAMC Section 185), retail): The employer is a retail business (NAICS retail) with 300 or more employees globally, counting temps, staffing-agency workers and certain franchises; The employee does at least 2 hours of work in a week inside the City of Los Angeles and is entitled to the California minimum wage.
- Los Angeles County (unincorporated) (Los Angeles County Fair Workweek Ordinance (County Code § 8.102.100), retail): The employer is a retail business (NAICS 44-45) with 300 or more employees globally, selling mainly to end users for personal, household or family use; The employee does at least 2 hours of work in a week in unincorporated Los Angeles County, with a primary work location supporting retail operations (store or warehouse).
- Emeryville (Emeryville Fair Workweek Employment Standards (Municipal Code Title 5, Chapter 39)): Retail firms with 56 or more employees globally; Fast food firms with 56 or more employees globally and 20 or more employees in Emeryville; The employee is entitled to the California minimum wage.
- Evanston (Evanston Fair Workweek Ordinance 24-O-23 (City Code 3-34-7)): Hospitality, retail, warehouse services, manufacturing or building services employer with 100 or more employees globally, including franchises; Food service and restaurants: at least 30 locations globally and at least 200 employees.
Coverage is for you and your lawyer or labor office to decide; the audit lets you tick each condition and shows what the rule would require if it applies.
The same pair of shifts under each rule
Sample data: a 3 PM to 11 PM close, then 7 AM to 3 PM the next day at $20 an hour (8 hours of rest). The premium is what the rule adds over straight time:
| Jurisdiction | Premium | Pay at the rest rate |
|---|---|---|
| New York City | $100.00 | flat |
| Oregon | $20.00 | $60.00 |
| Seattle | $20.00 | $60.00 |
| Chicago | $40.00 | $200.00 |
| Philadelphia | $40.00 | flat |
| Los Angeles (city) | $80.00 | $240.00 |
| Los Angeles County (unincorporated) | $80.00 | $240.00 |
| Emeryville | $30.00 | $90.00 |
| Evanston | $30.00 | $90.00 |
Your own week, every employee: the timecard audit. One pair: the rest between shifts calculator.
Only rules read on an official page are listed. A city missing here may still have a scheduling law without a rest premium, or one not read yet. Applies the rest-between-shifts rules of the jurisdiction you choose to the shifts you load. Coverage depends on your industry and size — check with the city or state labor office. Not legal advice. Not affiliated with any city or state agency.
Sources
- New York City: NYC Administrative Code § 20-1231 Minimum time between shifts (L.L. 2017/100, effective 11/26/2017) — https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-36465, read on 2026-09-30
- New York City (2): NYC Administrative Code § 20-1201 Definitions (fast food employee, employer, establishment) — https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-36313, read on 2026-09-30
- Oregon: Oregon Revised Statutes 2025 edition, ORS 653.442 Right to rest between work shifts, 653.412 Definitions, 653.422 Covered employees — https://www.oregonlegislature.gov/bills_laws/ors/ors653.html, read on 2026-09-30
- Seattle: Seattle Office of Labor Standards, Secure Scheduling Ordinance page (coverage, time-and-a-half rule) — https://www.seattle.gov/laborstandards/ordinances/secure-scheduling, read on 2026-09-30
- Seattle (2): Seattle Office of Labor Standards, Secure Scheduling Comprehensive Q&A (last updated August 2025), section F Right to Rest — https://www.seattle.gov/documents/Departments/LaborStandards/SS_QA_FINAL_082025v2.pdf, read on 2026-09-30
- Chicago: Chicago Municipal Code 6-110-070 Right to rest (Added Coun. J. 6-25-21) — https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2640012, read on 2026-09-30
- Chicago (2): City of Chicago, Business Affairs and Consumer Protection, Fair Workweek page (covered industries, pay ceiling, employer size) — https://www.chicago.gov/city/en/depts/bacp/supp_info/fairworkweek.html, read on 2026-09-30
- Philadelphia: City of Philadelphia, Fair Workweek Regulations (final), § 7.0 Right to Rest between Work Shifts — https://www.phila.gov/media/20200201213828/Fair-Workweek-Regulations-Final.pdf, read on 2026-09-30
- Philadelphia (2): City of Philadelphia, Fair Workweek FAQ, Right to Rest Between Work Shifts — https://www.phila.gov/media/20200423224507/Fair-Workweek-FAQ.pdf, read on 2026-09-30
- Philadelphia (3): City of Philadelphia, Fair Workweek notice poster (January 2024), coverage and violations — https://www.phila.gov/media/20240126120248/Notice-Poster-to-Employees-Fair-Workweek.pdf, read on 2026-09-30
- Los Angeles (city): City of Los Angeles Office of Wage Standards, Fair Work Week Ordinance FAQs (updated 11/30/2023), questions 40-42 — https://wagesla.lacity.gov/sites/g/files/wph1941/files/2024-01/Fair%20Work%20Week%20FAQs.pdf, read on 2026-09-30
- Los Angeles (city) (2): City of Los Angeles Office of Wage Standards, Fair Work Week information (coverage) — https://wagesla.lacity.gov/fair-work-week-information, read on 2026-09-30
- Los Angeles County (unincorporated): LA County Department of Consumer and Business Affairs, Fair Workweek Ordinance FAQs (6/25/2025) — https://dcba.lacounty.gov/wp-content/uploads/2025/06/LA-County-Fair-Workweek-Ordinance-FAQs-6.25.25.pdf, read on 2026-09-30
- Los Angeles County (unincorporated) (2): LA County DCBA, Fair Workweek Ordinance required posting (LACC § 8.102.100 Rest Between Shifts) — https://dcba.lacounty.gov/wp-content/uploads/2025/06/FINAL-DCBA-OLE-Fair-Workweek-Required-Posting-6.23.2025.pdf, read on 2026-09-30
- Emeryville: Emeryville Municipal Code Chapter 39 Fair Workweek Employment Standards (Ord. 16-007, effective July 1, 2017), right to rest section — https://ecode360.com/46994413, read on 2026-09-30
- Evanston: City of Evanston, Ordinance 24-O-23 as amended, 3-34-7 Right to Rest — https://cityofevanston.org/Documents/Business/Fair%20Workweek/Correctly%20Amended%2024O23.pdf, read on 2026-09-30
- Evanston (2): City of Evanston, Fair Workweek page (coverage, effective January 1, 2024) — https://cityofevanston.org/departments/city_managers_office/economic_development/fair_workweek.php, read on 2026-09-30
Frequently asked questions
- Which states have clopening laws?
- Oregon is the only state in this table (ORS 653.442, retail, hotel and food service employers with 500 or more employees worldwide). The other rules are city or county ordinances: New York City, Seattle, Chicago, Philadelphia, Los Angeles city and county, Emeryville and Evanston.
- What are predictive scheduling laws?
- Local fair workweek or secure scheduling laws: advance notice of schedules, pay for late changes, offering hours to current staff and, in the places listed here, a rest window between a closing and the next opening shift.
- Is there a clopening law in California?
- Not statewide in this table. The City of Los Angeles (retail), unincorporated Los Angeles County (retail) and Emeryville (retail and fast food) have rest-between-shifts premiums.
- Does the employee's consent remove the premium?
- No, in every rule listed here. Consent, usually in writing, lets the employer schedule the shift; the premium is still owed.
- How often are these rules updated?
- Each rule shows the date it was read (2026-09-30). Thresholds such as Chicago's pay ceiling change every July 1; check the source before you pay.
Guides
- Is clopening illegal? Rest-between-shifts laws by city
Where a close-then-open shift pair costs a premium: rest hours, premium formula and coverage for NYC, Oregon, Seattle, Chicago, Philadelphia, LA and more.
- The 11-hour rule between shifts: which cities use it
New York City fast food, Emeryville and Evanston require 11 hours between shifts; the others use 10 or 9. The rest windows side by side, with a worked pair.