The City of New York enacted the following bills affecting fast-food employers, effective November 26, 2017:

No More “Clopening.” Employers are banned from scheduling employees to work consecutive night and morning shifts with fewer than 11 hours between shifts. If the employer requests an employee to “clopen,” the employer must pay an additional $100. There is an exception for employees who request to “clopen” (Intro. 1388).

Current Employees Are Favored. Employers must offer all available work hours to current employees until interested employees are required to receive overtime pay, or until all current employees have rejected the available hours, whichever comes first (Intro 1395).

Fair Workweek. Employers must provide employees with an estimate work schedule upon hire and provide regular 7-day work schedules with 14 days’ advanced notice. Employers must also pay a premium when making a scheduling change.

  • $10 for each shift added with less than 14 days’ notice but at least 7 days’ notice.

  • $15 for each shift added with less than 7 days’ notice.

  • $20 for each shift cancelled or subtracted, with less than 14 days’ notice but at least 7 days’ notice.

  • $45 for each shift cancelled or subtracted with less than 7 days’ notice, but at least 24 hours’ notice.

  • $75 for each shift cancelled or reduced less than 24 hours before the shift.

Contact Stokes Wagner for details about premium pay mandates and exceptions (Intro. 1396).

Payroll Deductions. Employers must provide employees with the ability to make voluntary contributions to eligible non-profit organizations through payroll deductions. The law establishes a minimum contribution of $6 per biweekly paycheck and $3 per weekly paycheck to minimize burden to employers (Intro. 1384).

For more legal updates, check out our update for September 2017!

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