Implementation of the Fair Workweek Law

Adopted Rules: Closed to Comments

Effective Date: 
Tuesday, November 28, 2017
Agency:
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Download Copy of Adopted Rule (.pdf): 

Notice of Adoption

Notice of Adoption of Amendment of Title 6 of the Rules of the City of New York by reorganizing chapter 7 and adding a new subchapter F.

NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN the Commissioner of the Department of Consumer Affairs by Sections 20-a, 1043, and 2203(f) of the New York City Charter, and local law numbers 99, 100, 106, and 107 for the year 2017 and in accordance with the requirements of Section 1043 of the New York City Charter, of the adoption of an amendment to Title 6 of the Rules of the City of New York by reorganizing chapter 7 and adding provisions that implement Chapter 12 of Title 20 of the New York City Administrative Code (“Fair Work Practices”).       

The rule was proposed and published on October 18, 2017.  The required public hearing was held on November 17, 2017.

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, and offer open shifts to existing fast food employees. The Fair Workweek Law also bans “clopenings” for fast food employees, bans on-call scheduling for retail employees, and requires that retail employees receive 72 hours advance notice of schedules.

Chapter 7 of Title 6 of the Rules of the City of New York, entitled “Earned Sick Time,” previously contained only the rules implementing the Earned Sick Time Act. This rulemaking renames chapter 7, assigns the Earned Sick Time rules to a new subchapter B of chapter 7, and adds a new subchapter F to implement the Fair Workweek Law. Specifically, this rulemaking:

·         Changes the title of chapter 7 to “Office of Labor Policy and Standards.”

·         Organizes chapter 7 into subchapters, including the Earned Sick Time rules under a new subchapter B.

·         Adds a new subchapter F containing the rules necessary to implement the Fair Workweek Law. These rules:

o   Define a “long term or indefinite change” in reference to a good faith schedule estimate.

o   Establish a violation for failing to provide an updated good faith estimate when there is a long term or indefinite schedule change.

o   Establish when an employer does not need to post a notice of an employee’s schedule.

o   Establish that an employer must inform fast food employees of the method by which additional shifts will be posted.

o   Establish which employees a fast food employer must notify of an additional shift if the employer has 50 or more fast food establishments in the City.

o   Establish when a fast food employer can temporarily offer additional shifts to current fast food employees while a posting to current fast food employees is pending of additional shifts.

o   Establish that a fast food employer must communicate to its employees that a shift has been filled.

o   Establish that a fast food employer must pay a schedule change premium for changes of more than 15 minutes in the time of a scheduled shift.

o   Clarify that a fast food employer is not required to pay a schedule change premium to an employee who uses sick time.

o   Establish that a fast food employer does not need to award a shift to an employee who accepts part of the shift if the remaining part of the shift is under 3 hours or has not been filled by another employee.

o   Establish that, when a fast food employee accepts an offered shift that overlaps with the fast food employee’s existing shift, the fast food employer may not give the offered shift to a new employee.

o   Establish that, when a fast food employee accepts a shift that would entitle the employee to overtime, the fast food employer must give the employee only the portion of the shift that would not entitle the employee to overtime.

o   Specify the records an employer has to maintain.

o   Specify the procedure for filing a private cause of action.

o   Establish that rights pursuant to the Fair Workweek Law cannot be waived prospectively.

 

Sections 20-a, 1043 and 2203(f) oftheNewYorkCityCharter and local law numbers 99, 100, 106 and 107 of 2017 authorizetheDepartmentofConsumerAffairs  to make these proposedrules.