Implementation of the Fair Workweek Law

Proposed Rules: Open to Comments (View Public Comments Received:1)

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Friday, November 17, 2017
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Statement of Basis and Purpose of Rules

In May 2017, Mayor de Blasio signed into law local law numbers 99, 100, 106 and 107, adding chapter 12 to Title 20 of the Administrative Code, which regulates scheduling for fast food and retail workers in New York City. Collectively, these local laws have been referred to as the “Fair Workweek Law.” Specifically, the Fair Workweek Law requires that fast food employers provide employees with two weeks of notice of schedule and pay premiums to employees for changes made to their schedules, offer open shifts to existing fast food employees, ban “clopenings” for fast food employees, ban on-call scheduling for retail employees, and require that retail employees receive 72 hours advance notice of schedules.

  • These rules add a new Chapter 14 to Title 6 of the Rules of the City of New York to clarify the Fair Workweek Law. Specifically, these rules:
  • Provide a definitions section.
  • Define a “long term or indefinite change” in reference to a good faith estimate of schedule.
  • Include a violation of failing to provide an updated good faith estimate when there is a long term or indefinite change.
  • Establish when an employer does not need to post a notice of an employee’s schedule.
  • Establish that an employer must inform fast food employees of the method by which additional shifts will be posted.
  • Establish that an employer does not need to post additional shifts three days in advance if it does not have notice of the need to fill a shift three days in advance due to an employee being unable to work a scheduled shift.
  • Establish which employees a fast food employer must notify if the employer has 50 or more fast food establishments in the City.
  • Establish that a fast food employer must communicate to its employees that a shift has been filled.
  • Establish that a fast food employer needs to pay a schedule change premium for changes that change the time of a scheduled shift by more than 15 minutes.
  • Clarify that a fast food employer is not required to pay a schedule change premium to an employee who uses sick time.
  • Clarify that a subset of shifts may include whole and partial shifts.
  • Establish that a fast food employer does not need to award a shift to an employee who accepts a partial shift if the remaining part of the shift is under 3 hours or has not been filled by another employee.
  • Establish that a fast food employer may not offer a shift to a new employee when a fast food employee accepts a shift that overlaps with the fast food employee’s existing shift.
  • Establish that a fast food employee that accepts a shift that would entitle the employee to overtime, the employer must award the portion of the shift that would not entitle the employee to overtime.
  • Clarify the records an employer has to maintain.
  • Clarify the procedure for filing a private cause of action.

Sections 20-a, 1043 and 2203(f) oftheNewYorkCityCharter and local law numbers 99, 100, 106 and 107 of 2017 authorize the Department of ConsumeAffairs Office of Labor Policy and Standards to make these proposerules.

Public Hearing
Subject: 

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Public Hearing Date: 
Friday, November 17, 2017 - 10:00am
Contact: 

Casey Adams, 212-436-0095, cadams@dca.nyc.gov

Location: 
NYC Department of Consumer Affairs
42 Broadway 5th Floor
New York, NY 10004