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NYC Issues Final Scheduling Rules for Covered Fast Food and Retail Employers

Posted on December 07 2017 07:33 PM

Notices, FAQs, and More Also Available

New York City has released final scheduling rules for covered fast food and retail employers. Notices and other resources are also available.

Recordkeeping Under the Final Rules
The final rules address (among other things) recordkeeping requirements under the NYC Fair Workweek Law. Covered fast food and retail employers must maintain and retain—in an electronically accessible format—records documenting compliance with the Fair Workweek Law for a period of 3 years. Such records must include documents that show:

  • Actual weekly hours worked by each employee;
  • An employee's written consent to any schedule changes, where required; and
  • Each written schedule provided to an employee.

Additionally, covered fast food employers must also maintain records that show:

  • Good faith estimates provided to employees under the Fair Workweek Law (§ 20-1221(a)); and
  • Premium pay to individual fast food employees and the dates and amounts of the payments, whether noted on an employee's wage stub or other form of written documentation.

Click here to read the rules for details on good faith estimates, schedule change premiums, and more. A separate set of rules addressing certain pay deductions is also available.

Notices and Other Resources
Employers subject to the law (i.e., fast food and retail employers as defined under the local law) must conspicuously post certain notices that are applicable to the particular workplace or job site. Such notices must be in English and any language spoken as a primary language by at least 5% of employees at that location (if the city has made the notice available in that language). The required notices must be printed on and scaled to fill an 11x17 inch sheet of paper.

The required notices are now available. Click here to download the notices and other resources, such as FAQs and complaint forms. The Fair Workweek Law and final rules are currently in effect.

To review other laws specific to New York, visit the State Laws section, click on New York, and choose your topic of interest from the left-hand navigation menu.