November 19, 2017

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November 16, 2017

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Proposed Rules Open for Public Comment: NYC Fair Workweek Law

The New York City Department of Consumer Affairs (“DCA”) has issued proposed rules  for the implementation of the Fair Workweek Law. The law establishes scheduling practices for fast food and retail workers in New York City and is set to go into effect on November 26, 2017.

With regard to retail employers, the proposed rules include:

  • Workplace notice positing requirements, § 14-02.   The DCA’s notice template is not yet available.

  • Workplace schedule posting requirements, § 14-04.   Retail employers must conspicuously post schedules three days before work begins.   The proposed rule expressly provides that employers may not post or otherwise disclose to other employees the work schedule of an employee who has been granted an accommodation based on the employee’s status as a survivor of domestic violence, stalking, or sexual assault, where disclosure would conflict with the accommodation.

  • Recordkeeping requirements to document compliance, § 14-08(a).   The proposed rule states these records must be maintained “in an electronically accessible format” and show:

    • Actual hours worked by each employee each week;

    • An employee’s written consent to any schedule changes, where required; and

    • Each written schedule provided to an employee.

  • Employee work schedule request requirements, § 14-08(b) and (c).   Within two weeks’ of an employee’s request, retail employers must provide employees with their work schedules for any previous week worked for the past three years. Within one week of an employee’s request, retail employers must provide the most current version of the complete work schedule for all employees who work at the same location, with the exception of those employees with accommodations based on the employee’s status as a survivor of domestic violence, stalking, or sexual assault.

  • Procedural guidance for employees who wish to proceed with a private right action against their employers for violations of the law.

A public hearing on the proposed rules is scheduled for Friday November 17, 2017. The deadline for written comments is 5:00 p.m. on November 17, 2017.

©2017 Epstein Becker & Green, P.C. All rights reserved.

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About this Author

Laura Stutz, class action employment litigator, Epstein Becker Law Firm
Senior Counsel

Laura A. Stutz is a Senior Counsel in the Labor and Employment practice, in the firm's Newark office.

Ms. Stutz's class action representations have concerned challenges under federal statutes, such as the Fair Labor Standards Act as well as state statutory law (including state wage and hour laws and unfair and deceptive acts and practices statutes). Most recently, Ms. Stutz has obtained dismissal on the pleadings of a class action brought under the Equal Pay Act by the Equal Employment Opportunity Commission.

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