This includes any time a shift is canceled because the employer receives threats to the employees or to their property. Matthew has publications at the Cornell HR Review, Business Insider, New York State Bar Association, Expert 360 (in Australia). Lastly, employees cannot be scheduled for clopenings, which is the practice of closing the restaurant one day and then working the opening shift the next morning. Further employees must be given notice of 14 days advanced notice for new schedules and any changes made after in less than 14 days notice requires that the employer pay a premium rate to the affected employee. Retail employers beware: New York City’s predictive scheduling law went into effect on November 26, 2017, and now New York State is now getting in the mix. View all posts by Mathew W. Burr, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR. ( Log Out /  Retail employers beware: New York City’s predictive scheduling law went into effect on November 26, 2017, and now New York State is now getting in the mix. And the bills could lead to similar legislation in other parts of the country, including Illinois. New York also requires retail employers to pay $500 or damages (whichever is greater) for on-call shifts or … Fast-food and retail employers in New York City must comply with both the city's predictable-scheduling law and the state's wage and hour laws, according to a recent court ruling. A state of emergency must be declared by the governor of New York State, the Mayor of New York City, or the President of the United States. Laws dictating how retailers schedule workers have been passed in New York City, Washington, D.C., Philadelphia, San Francisco, Seattle and the state of Oregon among other locations. The Fair Workplace Ordinance is a set of scheduling restrictions imposed on both fast food and retail businesses and carries with it a set of heavy penalties for employers. The new ordinances require advanced notice for all hours that are scheduled. New York City has enacted a law banning “on-call scheduling” for retail employees. The director is responsible to publish notices that employers must post in the workplace in a conspicuous location. Only 33 days after these new laws go into effect the New York State FMLA law takes effect on January 1, 2018. . For specifics on the requirements for fast food employers, please see our Part 1 article on New York’s Restrictive scheduling Ordinances. Employers who violate these new ordinances face expensive penalties. On May 30, 2017, New York City Mayor Bill de Blasio signed a suite of legislation dubbed the “Fair Workweek” bills into effect, which will limit the scheduling practices and flexibility of certain employers. Enforcement of then new rules will be under the jurisdiction of the Office of Labor Policy and Standards (OLPS), which is housed under the City’s Department of Consumer Affairs (DCA). Under NYC’s Fair Workweek Law, certain retail employers must give their employees predictable work schedules. Change ), You are commenting using your Google account. In addition, employers must be able to provide the current work schedule for all the employees at that location. Several other cities are considering Secure Scheduling laws, including Albuquerque, New York City and Washington DC. by Annemaria Duran | Sep 18, 2017 | Laws & Compliance | 0 comments. to notify employees electronically of the changes. In addition, employers can be responsible for attorney fees. Seattle, New York City, and Oregon have since enacted similar legislation, and other legislative bodies nationwide are considering predictive scheduling laws for retail, hospitality, and food service companies. NYC’s Fair Workweek Law requires retail and fast food employers in NYC to give workers predictable work schedules and requires fast food employers to give existing workers the opportunity to work open shifts before hiring new workers. Seattle’s Secure Scheduling Ordinance and Emeryville and California’s Fair Workweek Ordinances took effect July of this year. He also acts as an On-Call Mediator and Fact-Finder through the Public Employment Relations Board in New York State, working with public sector employers and labor unions. Records are effortlessly kept for years and accrual is automatically tracked and reported to employees according to the state and city laws. The laws impact “retail” and “fast food” employers throughout the city. In addition, New York City also has strict fines for violations of their minimum wage and sick leave ordinances. Fire, flood, or natural disasters also provide the employer an exception to schedule changes as does a declared state of emergency. The New York City Department of Consumer Affairs (DCA) has issued proposed rules for the implementation of the Fair Workweek Law in an attempt to clarify and assist employers with compliance. Following a series of public hearings in late 2017, the Department of Labor issued proposed regulations to address what is commonly identified as "just-in-time," "call-in" or "on-call" scheduling. Employers must provide at least 11 hours of rest between shifts. This means that defending an employer’s compliance with the laws can become costly for an employer. The mayor’s office announced that the reasoning behind these ultra strict scheduling laws is to “end abusive scheduling practices in the fast food and retail industries” and to “ensure . On Sunday, November 26, 2017, employers in New York City were required to be compliant with the new employee-scheduling laws.  The laws impact “retail” and “fast food” employers throughout the city.  These significant changes impact; breaks between shifts, predictable hours and on-call scheduling.  These laws do not impact employers in Upstate New York, however, we should be aware of any changes impacting entire industries. ).” Fines can include compensatory damages to the employee, penalties of $300, and a per violation fine that varies depending on the violation. Fast Food businesses must provide all new employees with good faith estimates of the estimated schedules and hours to be worked. Under the new ordinance, New York City created the Office of Labor Standards to oversee compliance with the new scheduling laws. The law takes effect on November 26, 2017. No requiring employees to contact the employer to find out if they work a regular shift without at least 72 hours notice before the shift should start. predictable schedules and predictable paychecks for fast food and retail workers.”. Employees must be individually notified. The notices must be posted in both English and in any other language that at least 5% or more of the employees speak at a specific location. Main sections of the law include: • Advance Scheduling and Schedule Change Premiums: This section requires fast food employers It is almost impossible for employers to comply with these many labor laws without an intelligent workforce management software. Employers must post the schedule 72 … Change ), You are commenting using your Facebook account. The Law is intended to reform scheduling practices for fast food and retail workers in the City. How To Write And Update Your Employee Handbook For 2020, The Best Way to Process Payroll [Updated for 2020], Swipeclock Expands Integration with Apex HCM, 5 Ways to Improve Employee Relations for Remote Workers. In response to these concerns, several state and local governments have recently (between 2014 and … If the employer doesn’t keep adequate records, then a presumption of guilt is assumed in any alleges of violations. He currently holds a Lean Six Sigma Green Belt, Senior Professional in Human Resources (SPHR), Global Professional in Human Resources (GPHR) and the Society of Human Resource Management Senior Certified Professional (SHRM-SCP) certifications. San Francisco was the first to enact scheduling regulations with its Formula Retail Employee Rights Ordinance in 2014. ( Log Out /  There are some exceptions and other specifics to these rules listed in part one of this article. “On-call” or “predictive scheduling” activists claim retail employers use scheduling practices that interfere with employees’ personal lives and ability to plan around their work hours. If the employers have missing records or fails to provide the notices required under the law to employees, the employer could be responsible for, Yet, it might be wise for New York City to learn a lesson from. Employers must provide at least 11 hours of rest between shifts. Yet, it might be wise for New York City to learn a lesson from Seattle and San Francisco, both of whom have paid a high price in job loss and restaurant closures for such restrictive laws. The employer must retain employee schedules for at least three years and must be able to provide the employee their schedule for the previous three years in writing upon request. Employers can use a system like SwipeClock’s. These laws are aimed at giving retail and fast food employees more notice and predictability in their schedules, while compensating them with extra pay for last-minute schedule changes. [i] https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/new-scheduling-laws-for-new-york-city-fast-food-and-retail-employers.aspx?_ga=2.159635643.727342918.1511008822-1767537919.1462374782, [ii] https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/new-scheduling-laws-for-new-york-city-fast-food-and-retail-employers.aspx?_ga=2.159635643.727342918.1511008822-1767537919.1462374782, Matthew Burr has over eleven years of experience working in the human resources field, starting his career as an Industrial Relations Intern at Kennedy Valve Manufacturing to most recently founding and managing a human resource consulting company; Burr Consulting, LLC. This requires the business to both retain the records and to be able and willing to reproduce and provide records upon a complaint of any violations. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Prior to founding the consulting firm, the majority of his career was spent in manufacturing and healthcare. Matthew has an associate's degree in business administration from Tompkins Cortland Community College, a Bachelor of Science degree in business management from Elmira College, a master's degree from the University of Illinois School of Labor and Employment Relations in Human Resources & Industrial Relations and a Master’s in Business Administration specializing in entrepreneurship from Syracuse University. Retail employers beware: New York City’s predictive scheduling law went into effect on November 26, 2017, and now New York State is now getting in the mix. In July 2017, Matthew started as an Associate Professor of Business Administration at Elmira College and was promoted into the Continuing Education & Business Administration Department Liaison role in July 2018. He specializes in labor and employment law, conflict resolution, performance management, labor and employment relations. If you are a part-time worker, the uncertainty of your schedule means you can't arrange for a … 6 Unpredictable Scheduling and Fair Workweek Laws in New York City More than six out of ten retail workers and nine out of ten restaurant workers (including fast food workers) report that they know their work schedules less than two weeks out.5,6 However, we cannot conclude from these figures that Fair Retail employers are allowed a few exceptions to the scheduling restrictions imposed by the new ordinances. The DCA also issued the related required employee notices, overviews, The New York State Department of Labor (“NYSDOL”) recently released draft regulations that would amend the rules for scheduling employees covered by the Minimum Wage Order for Miscellaneous Industries and Occupations. Today, New York City is implementing some of the strongest scheduling protections for retail workers in the country – an outright ban on on-call scheduling. Chicago’s new predictable scheduling law, effective July 1, 2020, requires employers to notify low-income workers of changes to their schedules and applies to a wide variety of industries. Unlike fast food employers, which are still allowed to schedule on-call shifts, retail employers are now restricted from scheduling any on-call shifts. The Fair Workplace Ordinance is a set of scheduling restrictions imposed on both fast food and retail businesses and carries with it a set of heavy penalties for employers. Further, civil monetary damages can be up to $15,000 for a “pattern and practice” of violating the scheduling laws. Below is a summary of the 5 legal changes to the NYC fast-food and retail industries: These significant legal changes are a result of the “fight for $15” movement, that we have seen in major cities across the United States.  The fight for $15 has a goal of raising minimum wage to $15 per hour and add legal protections for many low-wage earners.  If this impacts your organization, ensure you understand your obligations as an employer under the law.  Communicate and train supervisors and managers on these changes.  These are significant changes to the work relationship and will impact many organizations throughout New York City. Matthew works as a trainer Tompkins Cortland Community College, Corning Community College, Broome Community College and Penn State University. ( Log Out /  Retail employers must post the notice, YOU HAVE A RIGHT TO A PREDICTABLE WORK SCHEDULE, where employees can easily see it at each NYC workplace. Last updated on September 18, 2017, v.20201016  Privacy Policy | Mobile Terms of Service, For specifics on the requirements for fast food employers, please see our, Lastly, employees cannot be scheduled for clopenings, which is the practice of closing the restaurant one day and then working the opening shift the next morning. On May 30, 2017, New York City Mayor Bill de Blasio signed, into law, “Fair Workweek” legislation (collectively, the “new Laws,” the “New York City Fair Workweek Laws,” the “Fair Workweek Laws,” or the “NYCFWWLs”) which, effective November 26, 2017, substantially limits retail employers’ and fast food establishments’ discretion in scheduling work shifts for their employees. Employers are also restricted from canceling employee shifts within 72 hours of when the affected shift should start. There is growing recognition that unpredictable, unstable, and often insufficient work hours are a key problem facing many U.S. workers, particularly those in low-wage industries. Intro 1387, signed into law today by Mayor de Blasio, and passed by the New York City Council and the Speaker last week, puts an end to on-call scheduling in our city - Mayor de Blasio, the law you are signing today will create some of the strongest protections for … Retailers must post this notice where employees can easily see it at each NYC workplace. Records must be maintained for at least three years. Seattle is the second municipality in the nation to adopt Secure Scheduling regulations, after San Francisco. On November 26, 2017, a series of laws named the Fair Workplace Ordinance takes effect. The Law is intended to reform scheduling practices for fast food and retail workers in the City and took effect on November 26, 2017. On the eve of the November 26, 2017 effective date of New York City’s own predictive scheduling regulations that affect retail and fast food employers,1 the New York State Department of Labor has issued proposed predictive scheduling regulations for certain industries. SwipeClock provides a comprehensive array of workforce management and time tracking tools that can help businesses to more easily stay in compliance with local and national laws. Matthew is also the SHRM Certification Exam Instructor at the college, his students currently have an 80% pass rate on the SHRM-SCP and 92.3% pass rate on the SHRM-CP. Change ), Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Mathew W. Burr, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR, https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/new-scheduling-laws-for-new-york-city-fast-food-and-retail-employers.aspx?_ga=2.159635643.727342918.1511008822-1767537919.1462374782, View all posts by Mathew W. Burr, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR, 6 Suggestions on a Successful Holiday Party, 5 Thoughts on Sexual Harassment Investigations. You need to put your life on hold and be available for work - regardless of whether you will be called in or paid. In addition, New York City also has strict fines for violations of their minimum wage and, Only 33 days after these new laws go into effect the, Part 1 article on New York’s Restrictive scheduling Ordinances, 7 Strategies to Improve Employee Relations [Updated for 2020], Employers, conduct an FMLA Audit to Ensure Compliance. Enforcement of the ordinances can be overseen by the director of the Office of Labor Standards. 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