NYC Fast Food Employers Beware - Strict “Fair Workweek” Laws Are Coming December 1st

On May 30, 2017, New York City Mayor Bill de Blasio signed a bill enacting four laws, together called the Fair Workweek legislation package, aimed at creating more predictable work schedules for NYC’s fast food workers.  The laws go into effect on December 1, 2017.

The first law requires that the fast food employer provide written notice to the fast food employee of the employee’s work schedule, including regular and on-call shifts, 14 days before the worker’s first day of the new schedule.  The written notice must be posted in a conspicuous place at the workplace that is readily accessible and visible to all employees and transmitted to each employee, including via e-mail, if e-mail is regularly used to communicate scheduling information. Modification to the employee’s work schedule within 14 days of the first day the schedule begins will result in employer penalties ranging from $10 to $75 depending on the nature and timing of the modification. The penalty is paid directly to the affected employee.

The second law mandates a minimum amount of time between a fast food worker’s shifts.  A fast food employer will no longer be permitted to schedule a worker for two shifts with fewer than 11 hours between the end of the first shift and the beginning of the second shift when the first shift ends the prior calendar day or spans two calendar days. However, the worker may request or consent in writing to working back-to-back shifts with fewer than 11 hours between. Absent such request or consent, the employer will be subject to a $100 penalty each time the employee works such back-to-back shifts.

The third law prohibits the fast food employer from hiring new employees, including subcontractors, to work regular or on-call shifts before exhausting its current workforce. Under the new law, when shifts become available, the fast food employer must post a notice in a conspicuous and accessible location for at least three calendar days, and transmit the notice directly to each employee that states, among other things, the number of shifts offered, the schedule of the shifts, whether the shifts will occur at the same time each week, the length of time required for coverage, and the number of workers required for coverage. Assuming these conditions are met, the employer may look to outside employment only if none of the current fast food employees accept the open shift.

Finally, the fourth law allows a fast food employee to authorize the employer to deduct voluntary contributions from the employee’s paycheck and to remit the payment directly to the employee’s designated non-profit organization. The deduction must be at least $6.00 and only once per pay period.

New York City follows San Francisco and Seattle as the third major city to enact Fair Work Week legislation. To understand how the Fair Workweek legislation package affects your fast food business and your employees, please contact Nicole L. Leitner, Esq., a member of the Wage & Hour Compliance Practice Group, at (973) 387-7897 or nleitner@nullgenovaburns.com, or John Vreeland, Esq., Chair of the Wage & Hour Compliance Practice Group and a Partner in the Labor Law Practice Group, at (973) 535-7118 or jvreeland@nullgenovaburns.com.