The City of New York has enacted the Fair Workweek law effective November 26, 2017. This law applies to all fast food and retail employers within the city of New York. The law is intended to give workers predictable work schedules. It also requires fast food employers to give existing workers the opportunity to work open shifts before hiring new workers. There are many aspects of this law that employers need to be aware of.
Who is considered “fast food”?
Positions within the fast food industry that is impacted by the law include: customer service, cooking, food and drink, off-site delivery, security, stocking supplies and equipment, cleaning and routine maintenance.
Who is considered “retail”?
Those selling consumer goods to the public at one or more stores in NYC. The employer must employ 20 or more employees in NYC to be eligible (not per store, but for all of the company’s stores in NYC.)
Fast food employers must provide the following:
- Written Good Faith Estimate of the days, times, locations, and total number of hours a worker can expect to work each week
- 14 days’ (2 weeks’) advance notice of work schedule
- Premium pay for all schedule changes with less than 14 days’ notice
- Written worker consent plus $100 premium to work clopening shifts
- Priority to existing workers to work newly available shifts before an employer hires new employees
Retail employers must provide the following:
- 72 hours’ (3 days’) advance notice of work schedule
- No on-call shifts
- No call-in shifts within 72 hours of the start of the shift
- No shift cancellations with less than 72 hours’ notice
- No shift additions with less than 72 hours’ notice unless worker consents in writing
- Updated written schedule if changes are made with less than 72 hours’ notice
Fast food employers must maintain records of:
- Hours worked each week
- Shifts worked each week
- Written shift provided to workers
- Premium payments
- Good faith estimate of hours
- Workers written consent
Retail employers must maintain records of:
- Hours worked each week
- Shifts worked each week
- Workers written consent
- Written schedule provided to workers
Violations of the Fair Workweek law generally consist of a $500 fine for the first violation, up to $750 for the second violation within two years and up to $1000 for subsequent violations within two years.
