A Fair Work Week for New Yorkers

A Fair Work Week for New Yorkers


SUMMARY
  l   THE PROBLEMS   l   THE LEGISLATION 


About the Fair Work Week Bills

The New York City Council's "Fair Work Week" legislation will help low-wage workers in the fast-food and retail sectors — to secure advance notice, stable schedules, a pathway to full-time hours, and a new way for workers to organize together. 


For Fast Food Workers

Intro 1396-A – Advance Scheduling for Fast-Food Workers (CM Lander)

This bill would require fast-food employers to provide employees with a 14-day advance notice of work schedules to employees, and provide “schedule change premiums” to employees when hours are changed with short notice.  

  • Employers would be required to give employees a 7-day schedule, 14 days in advance. 51% of that schedule needs to contain “regular shifts” rather than on-call shifts.

  • When employers make changes to that schedule, they would be required to provide the employee with “premium payments:”

    • $10 for each shift that's added  to that advance notice schedule with less than 14 days' notice but at least 7 days' notice. 

    • $15 for each shift that’s added to that advance notice schedule with less than 7 days' notice. 

    • $20 for each shift that's cancelled or subtracted from that advance notice schedule, with less than 14 days' notice but at least 7 days' notice. 

    • $45 for each shift that’s cancelled or subtracted from that advance notice schedule, with less than 7 days' notice, but at least 24 hours’ notice  

    • $75 for each shift that’s cancelled or reduced less than 24 hours before the shift

Intro 1396 also includes the general provisions for the entire package, including the definitions of key terms like employer and employee, penalties to employers and relief available to employees. This section would:

  • Give workers a private right of action and establishes a complaint procedure for workers through the Department of Consumer Affairs (DCA)

  • Give DCA the power to investigate those complaints, impose penalties, grant employees relief and gives the Corp Counsel the power to bring pattern and practice suits.

  • Prohibit retaliation against workers for enforcing their rights

  • Require DCA and employers to post notices of workers’ rights and keep certain records to demonstrate compliance with the laws

  • Require DCA to report on complaints and investigations annually and to do education and outreach about the legislation

Intro 1388-A – Restrictions on "Clopenings" (CM Johnson)

This bill would restrict the practice of closing and opening a fast-food establishment within a certain amount of hours.

  • Unless the fast-food employee requests or consents in writing, this bill would ban fast-food employers from requiring workers to work two shifts with fewer than 11 hours in between.

  • Employers would be required to pay the employee $100 for each instance that an employee works such shifts.

Intro 1395-A – Access to Hours for Fast-Food workers (CM Lander)

This bill would require fast-food employers to offer additional work hours to existing employees before hiring additional employees or subcontractors. This bill would:

  • Require employers to offer additional hours to current employees, up until the point at which the employer would be required to pay overtime, or until all current employees have rejected available hours, whichever comes first. Only after the employer had exhausted options to provide shifts to current workers would the fast food employers be free to hire additional part-time workers.

  • Require fast-food employers to post available hours in an accessible place (whether that’s online or on-site), with criteria for how those available shifts will be distributed (e.g. first-come-first service, etc.). That process can be handled however the employer sees fit, so long as it’s not discriminatory.

  • Encourages fast-food employers to make a reasonable effort to train fast-food employees

Intro 1384-A – Deductions to Nonprofits for Fast-Food workers (CM Ferreras-Copeland)

This bill would require a fast-food employer, upon written authorization by a fast-food employee, to deduct voluntary contributions to nonprofit organizations. This bill would require DCA to certify nonprofits seeking voluntary contributions from workers. In order to be certified, at least 500 fast-food employees (from any fast-food employer in the city) would be required to submit “cards” to DCA authorizing the the nonprofit organization to receive voluntary contributions.

  • Once DCA has certified a non-profit organization, all fast-food employers would be required to deduct and remit voluntary contributions to those non-profits upon request by any employee, at any location or franchise. The employees are simply required to authorize those deductions in writing (name, address, amount and frequency of deduction).

  • The contributions would have to be at least $6 every two weeks (or $3 weekly) for the employer to be required to honor an authorization for the contribution

  • Employers would also be required to provide workers with written notice of their rights.

  • Requires the City Council to renew the law after a 2 year sunset period. 

 

For Retail Workers

Intro 1387-A – Prohibits On-Call Scheduling for Retail Employees (CM Johnson)

This bill would significantly restrict the practice of on-call scheduling at retail establishments with 20 or more employees. On-call shifts are shifts where the employee is required to be available to work, to contact the employer or wait to be contacted by the employer to determine whether the employee must report to work. This bill would:

  • Require employers to post schedules at least 72 hours in advance, unless the employee requested time off or voluntarily traded shifts with a coworker 

  • Completely prohibits schedule cancellations within 72 hours of the start of that shift, unless the employee requested time off or voluntarily traded shifts with a coworker 

  • Prohibit retail employers from adding shifts to the employee’s schedule within 72 hours, without written consent from the employee

 

Next Steps: Flexibility for All Workers

Intro 1399 - Right to Request a Flexible Schedule (CM Rose)

This bill would establish a process for all employees to seek flexible work arrangements and a “right to receive” flexible work arrangements in certain emergency situations. This bill would:

  • Give employees the right to request from their employers a modification in their work arrangements (for example, schedule changes, working at a different location, and changes in the number of hours).

  • Protect employees from retaliatory action that results from a work-modification request.

  • Create an employee “right to receive” certain changes to work arrangements in the event of a childcare emergency, personal health emergency or in the event that an employee or a family member has been the victim of a family offense matter, a sexual offense or stalking.

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