The New NYC Scheduling Law: What Fast Food Workers Need to Know

If you're a fast food worker in New York City, the city’s new Fair Workweek Law can help protect your rights when it comes to scheduling, offering key safeguards against last-minute changes and unfair back-to-back shifts. 

These provisions are designed to ensure fair treatment and create a more predictable and supportive work environment for you.

What protections does the Fair Workweek Law provide?

NYC’s Fair Workweek Law can be broken down into three primary areas:

• Predictable Schedules
• Reasonable Shift Assignments
• Job Protections

Additionally, your employer cannot retaliate against you for asserting your rights under this law. Retaliation, such as intimidation, firing, or reducing your hours for raising concerns about potential violations, is strictly prohibited.

Predictable Schedules

One of the key features of the Fair Workweek Law is the requirement for predictable scheduling. Your employer must provide a stable, predictable work schedule with minimal fluctuations from week to week. This means that your schedule must be posted at least 14 days in advance.

You also have the right to refuse shifts that violate these rules but are free to request additional hours or swap shifts with coworkers.

Here’s a breakdown of the scheduling provisions:

• Stable schedules: Upon hire, you must receive a written copy of your schedule, and your employer should stick to it as much as possible. Any long-term schedule changes require at least two weeks' notice and can only be made if your hours are not reduced by 15% or more.
• No last-minute changes: If your employer changes your schedule less than two weeks in advance, they must compensate you with a premium of up to $75. The exact amount depends on how short the notice is and whether your hours were reduced.
• Respecting availability: If you give your availability to your employer, they cannot schedule you for shifts when you’re unavailable. However, you may be required to provide advance notice if your availability changes.

Reasonable Shift Assignments

The law also prevents back-to-back “clopening” shifts. Working late one night and opening early the next day leaves you with little rest time and can negatively impact your health and well-being.

Additional protections include:

• No “clopenings”: You are entitled to at least 11 hours of rest between shifts. If your employer asks you to work a clopening, they must get your consent in writing and pay you an additional $100, in addition to your regular pay.
• Priority for available shifts: If a shift opens up, your employer must offer it to existing employees, including those recently laid off, before hiring new staff. Failure to notify employees about available shifts can result in penalties of up to $300 for each affected employee.

Job Protections

The Fair Workweek Law includes protections to safeguard you from unfair treatment or discipline at work. Here’s what you need to know:

• Just cause: Your employer cannot terminate you or reduce your hours without a valid reason. If you are fired, they must provide a written explanation and evidence of the disciplinary actions taken leading up to the termination.
• Progressive discipline: Employers must follow a structured process when addressing policy violations, with reasonable penalties applied fairly and consistently. Disciplinary actions cannot be based on issues older than one year.
• Layoff protections: If your employer needs to lay off workers due to economic reasons, they must start with the most recently hired employees. If business conditions improve, they must offer reinstatement to laid-off workers before hiring new employees.

Who Is Covered by the Fair Workweek Law?

The Fair Workweek Law applies to any fast food worker in New York City performing duties like:

• Cleaning
• Cooking
• Customer Service
• Delivery
• Food or drink preparation
• Routine maintenance
• Security
• Stocking supplies or equipment

Whether you work directly for the restaurant or for a third-party employer like a temp agency, you’re still covered. The law ensures that all fast food workers in NYC, regardless of immigration status, are protected.

What Are the Penalties for Violations of the Fair Workweek Law?

If your employer fails to follow the Fair Workweek Law, you could be entitled to various remedies:

• Back pay: If you were subject to last-minute scheduling changes, you may receive the premiums owed to you.
• Cancelled discipline: If you received discipline for not working a shift that violated the law, you can have that record expunged.
• Reinstatement: If you were fired for not complying with an unlawful schedule, you may be entitled to your job back.
• Injunctions: The court can order your employer to correct past violations and ensure future compliance.

Your Right to Take Action: Contact Morgan & Morgan

If you believe your employer has violated your rights under the Fair Workweek Law, you have the right to challenge these violations. You can file a complaint with the NYC Department of Consumer and Worker Protection, pursue a case before an arbitrator, or file a lawsuit in court.

To ensure you’re treated fairly, it's essential to stay informed about your rights under the law.

The Fair Workweek Law is designed to create a more equitable work environment for fast food employees in New York City. If your employer is not complying with the law, you have options for recourse. Contact Morgan & Morgan for a free case evaluation to learn more about your legal options.