Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: March 20, 2017
The Firm
201-896-4100 info@sh-law.com
Fast food restaurants and retailers operating in New York City should be prepared for additional compliance obligations in 2017. The New York City Council recently introduced several bills that would impact employers.
One bill, Int. No. 1387, would prohibit on-call scheduling for retail employees. On-call scheduling is when an employer requires an employee to be available to work, to contact the employer or to wait to be contacted by the employer, to determine whether the employee must report to work.
The proposed NYC employment law would also prohibit employers from providing a retail employee with less than 20 hours of work during any 14-day period. The requirement would, however, be offset by any hours an employee elects to take as leave, paid or unpaid, with the employer’s consent, during that 14-day period.
Employers would also be required to post a physical copy of the work schedule of all the employees at each work location at least 72 hours prior to the beginning of the scheduled hours of work. In addition, employers must also update the schedule and directly notify affected employees as soon as practicable after changes are made to the work schedule.
A series of additional bills would apply to worker scheduling at fast food establishments. Below is a brief summary:
The bill would ban employers from requiring fast food workers to work back-to-back shifts when the first shift closes the establishment and the second shift opens it the next day, with fewer than 11 hours in between. The employer would be required to pay an employee who works a so-called “clopening” shift $100 for each instance that such employee works such shifts.
The bill would require fast food employers to offer work shifts to current employees before hiring additional employees.
The bill would require would require certain fast food employers to provide employees with an estimate of their work schedule upon hire. It would also mandate that employers provide 14 days’ advance notice of work schedules to employees. Under Int. No. 1396, employers would be required to pay a premium to employees for schedule changes made by the employer on less than 14 days’ notice to the employee. Changes to schedules would include canceling, shortening, or moving shifts, adding additional hours to scheduled shifts, and adding shifts.
We will be closely monitoring the status of the above bills. While employers may get a reprieve from federal labor regulations under President Donald Trump, his policies will likely have little on the local level. New York City Mayor Bill de Blasio has made worker protection a centerpiece of his agenda and will likely continue to push for additional NYC employment laws.
Do you have any questions? Would you like to discuss the matter further? If so, please contact me, Jason Mushnick, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Author: Graham Staton

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Author: Michael Mietlicki

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Author: Sean M. Pena

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]
Author: Donald M. Pepe

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]
Author: Chris Seelinger
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!