Protection of Displaced Grocery Workers
Proposed Rules: Closed to Comments
Statement of Basis and Purpose of Proposed Rules
In January 2016, the City Council passed Local Law 11 of 2016, which requires successor employers in the grocery industry to retain eligible employees for a transitional employment period. The City Council determined that protecting grocery workers would have a positive effect on the local economy, the grocery industry, and the financial security of grocery store employees’ families, and result in a more prosperous city.
These proposed rules clarify provisions in the law, establish requirements to implement and meet the goals of the law, and provide guidance to covered grocery establishments and protected employees. Specifically, these rules:
- Define “confidential employee;”
- Describe the means by which an incumbent grocery employer may comply with the requirement to post employee notices;
- Provide a method for determining the seniority of eligible grocery employees;
- Clarify the record keeping requirements regarding grocery employer maintenance and provision of records, and the consequences for failing to maintain, retain, or produce such records;
- Describe the circumstances in which the Department will issue a Notice of Violation to an employer;
- Describe the circumstances in which a grocery employer must give the Department access to records, and define “appropriate notice” of the need for such access by the Department;
- Require the Department, prior to settling any complaint, to give complainants notice of the proposed settlement; and
- Describe the method by which a complainant may opt out of a Department settlement and describe the method by which a complainant may withdraw their complaint with the Department.