New York City’s (NYC) Fair Workweek Law requires retail and fast-food employers in NYC to give workers predictable work schedules and requires fast-food employers to give existing workers the opportunity to work open shifts before hiring new workers.
Advance scheduling and schedule change premiums. The law requires fast-food employers to provide a written good-faith estimate of the days, times, locations, and total number of hours that a fast-food worker can expect to work each week; 14 days’ (2 weeks’) notice of work schedules to fast-food workers; and schedule change premiums when schedules are changed with less than 14 days’ notice.
Minimum time between shifts. The law requires that a fast-food worker consent in writing before being scheduled to work or working two shifts over 2 calendar days when the first shift ends a day and there are less than 11 hours between shifts. These shifts, known as “clopenings,” usually involve both closing and opening the establishment. The fast-food employer must pay the fast-food worker a $100 premium for working a clopening shift.
Access to hours. The law requires fast-food employers to offer any new shifts to existing workers at the location where shifts are available, followed by existing workers from other worksites, before advertising new shifts externally or hiring a new employee. If existing workers do not accept open shifts, employers may then advertise for new workers.
On-call scheduling. The law bans retail employers from scheduling on-call shifts and requires retail businesses to provide 72 hours’ (3 days’) advance notice of work schedules to retail workers.
