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.

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Author: Sean M. Pena
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!