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Paul Millus Authors, "New York City's Fair Workweek Laws: By The Numbers"

Jul 6, 2017Employment Law

11/26/17 - Laws go into effect.

2 - Applies to retail and fast food establishments in NYC.

5 - Number of bills constituting the “Fair Workweek” laws.

72 - (1) A retail employer may not cancel any regular shift for retail employee within 72 hours of the scheduled start of such shift (2) a retail employer cannot require a retail employee to work with fewer than 72 hours’ notice unless the employee consents in writing (3) a retail employer cannot require that a retail employee to contact his/her employer to confirm whether or not the employee should report for a regular shift fewer than 72 hours before the start of such shift.

15 - The number of days that a fast food employer must remit a deduction authorized by the employee to a not-for-profit voluntarily agreed to by the employee.

60 - A fast food employer that fails to honor a revocation by the employee in writing of a continued contribution to a not-for-profit must refund the employee within sixty (60) days of the revocation and if the employer fails to do so must pay interest at a rate of no less than six percent (6%) a year on that amount.

11 - One of the Bills bans “clopening” shifts at fast food establishments, such that, a fast food employer cannot require an employee to work two shifts with fewer than 11 hours between the shifts when the first shift ends the previous day or spans two days, to wit, a closing shift followed by an opening shift ergo “clopening.”

$500 to $3,000 - The range of penalties set forth for a violation of any of the Fair Workweek laws which could be sought privately or through the NYC Department of Consumer Affairs.

Notice keeping requirements are incorporated in the statute whereby retail employers must keep copies of all employee schedules for a period of three (3) years documenting compliance with the Fair Workweek package. In addition, one of the bills was intended to provide fast food employees with more access to working hours. Such employers must offer regular and on-call shifts to current employees before transferring employees from any other locations or hiring new employees to work those shifts setting forth the order of preference that an employer must follow in offering or distributing additional shifts. Before transferring or hiring employees, fast food employees must post a notice to current employees with information about the additional shifts for three (3) consecutive calendar days in a conspicuous and accessible location where notices are customarily posted. It should be interesting how this flushes out.