Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New Compliance Obligations Proposed To Protect Retail & Fast Food Workers in NYC

Author: Scarinci Hollenbeck, LLC

Date: March 20, 2017

Key Contacts

Back

NYC Proposes New Protections for Retail and Fast Food Workers

NYC Proposes New Protections for Retail and Fast Food Workers

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.

On-Call Scheduling of Retail Workers Banned

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.

Requirements for Fast Food Scheduling

A series of additional bills would apply to worker scheduling at fast food establishments. Below is a brief summary:

  • Int. No. 1388

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.

  • Int. No 1395

The bill would require fast food employers to offer work shifts to current employees before hiring additional employees.

  • Int. No. 1396

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.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate post image

Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]

Author: Donald M. Pepe

Link to post with title - "Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate"
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand post image

Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]

Author: Donald M. Pepe

Link to post with title - "Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand"
Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them post image

Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]

Author: Paul Grossman

Link to post with title - "Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them"
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"
Business Mediation: An Overview and Practical Tips post image

Business Mediation: An Overview and Practical Tips

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]

Author: Paul Grossman

Link to post with title - "Business Mediation: An Overview and Practical Tips"
Top 5 Causes Leading to Construction Defect Litigation post image

Top 5 Causes Leading to Construction Defect Litigation

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]

Author: Paul Grossman

Link to post with title - "Top 5 Causes Leading to Construction Defect Litigation"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!