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.

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

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
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!