On November 26, 2017, New York City’s “Fair Workweek” package of bills will take effect. The legislation prohibits retail and fast food employers from engaging in certain scheduling practices that may limit predictability as to employees’ work schedules and compensation. For further information on the “Fair Workweek” legislation and its effect on retail and fast food employers, see our June 2, 2017 alert.

Key Provisions for Retail Employers

The new law defines “retail employer” to mean any employer that employs a retail employee at a retail business. A “retail business” refers to any entity with 20 or more employees that is engaged primarily in the sale of consumer goods at one or more stores with in New York City. “Consumer goods” are defined as products that are primarily for person, household, or family purposes, including but not limited to appliances, clothing, electronics, groceries and household items.

Under the legislation, retail employers in New York City will be banned from engaging in “on-call” scheduling. “On-call’ scheduling is the practice of requiring an employee to be available for work, to contact the employer, or to wait to be contacted by the employer in order to determine whether employee must report to work. The legislation will also require retail employers to give employees advance notice of their work schedules. Retail employers will be prohibited from adding, changing or cancelling work shifts within 72 hours of the start of an employee’s shift, subject to limited exceptions. Retail employers with valid collective bargaining agreements in place on November 26, 2017 will be subject to the law after the agreement’s expiration date.

Takeaway for Employers

New York City retail and fast food employers should prepare for the November 26, 2017 implementation date by developing their scheduling and recordkeeping practices to ensure that schedules are created and distributed in conformance with the new laws. Affected employers should also make sure that managers and other employees involved in the scheduling process are trained on the requirements of the laws.

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Please do not hesitate to contact us with any questions on the “Fair Workweek” laws.
212-682-0020 | PutneyLaw.com.