New York City’s New Fair Workweek Law Requires Employers To Give Fast Food Workers Two-weeks Advance Notice of Work Schedules & Changes

On January 5, 2021, Mayor Bill de Blasio signed the “Just Cause” Worker Protection Bills for fast-food workers.  Under the new Fair Workweek Law, fast-food employers located in New York City are required to give their workers predictable work schedules and the opportunity to work newly available shifts before hiring new workers.  Employers must provide the following going forward:

• A good faith estimate and first work schedules in writing on or before a fast-food employee’s first scheduled day of work;
• Give fast-food employees 14 days advance notice of their work schedules;
• Premium pay for all schedule changes made with less than 14 days’ notice;
• Written consent from fast-food employees plus $100.00 premium for employees to work “clopening” shifts – shifts involving working two shifts over two days when there are less than 11 hours between shifts; and
• Priority to existing workers to work newly available shifts before an employer hires new employees.

As mentioned, fast-food workers are now also entitled to premium pay rate for last minute schedule changes.  If a fast-food employer makes any changes to their employee’s schedule with less than 14 days’ notice, that employee is entitled to, at minimum, $10.00 per change, up to, a maximum fee of $75.00 per change made with less than 24 hours’ notice.  Changes include adding additional work time or shifts, changes to shifts but no change to total work time, or reduced work time or shifts.

This new law applies to fast-food employees who perform at least one of the specified tasks as defined by the Fair Workweek Law:

• Cleaning;
• Cooking;
• Customer service;
• Delivery;
• Food or drink preparation;
• Routine Maintenance;
• Security; and
• Stocking Supplies or equipment.

Covered fast-food Employers under this law include fast-food establishments – including subcontractors – that require their employees to perform the above tasks at fast food establishments in New York City.  Under the statute, a fast-food establishment is defined as a location that:

• Primarily serves food and beverages;
• Customers pay before eating on or off premises;
• Offers limited service;
• Operate as a chain and function as one of 30 or more establishments nationally, including establishments part of an integrated enterprise or separately owned franchises; and
• Fast food establishments located inside other types of establishments, such as malls and movie theaters.

Furthermore, employers can no longer terminate fast food workers without “just cause.”  Once an employee completes a probationary period of 30 days after their initial hire date, “fast food employers may not discharge an employee or reduce their average hours by more than 15 percent without “’just cause’.”  The definition of “just cause” under the statute is “failure to satisfactorily perform job duties or engaging in misconduct that is harmful to the fast-food employer’s legitimate business interests.  For an employer to fire an employee based on ‘just cause’ they must have utilized a progressive discipline policy and applied it consistently.” The statute goes even further to require that employers must proffer a “bona fide economic reason to lay off an employee, so long as it is done in reverse order of seniority.  Employees laid off for economic reason within the last year are entitled to reinstatement or restoration of before new employees are hired.”

If you believe an employer has violated your rights under New York City’s Fair Workweek Law, contact Borrelli & Associates, P.L.L.C. to schedule a free consultation through one of our websites, www.employmentlawyernewyork.com, www.516abogado.com, or any of our phone numbers: (516) 248-5550, (516) ABOGADO, or (212) 679-5000.