Certain Fast Food Employers with NYC Employees
June 23, 2022
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Final regulations were recently adopted implementing New York City’s Fair Workweek and just cause laws for fast food workers. The final rules differed somewhat from the previously proposed rules. Employers should note key changes.
De Minimis Schedule Changes. De minimis schedule changes are measured using a 15-minute grace period at both the start and end of each shift, rather than aggregating schedule changes for the whole shift. De minimis changes do not trigger consent or premium pay requirements for schedule changes.
Premium Pay Exception. Premium pay is owed to employees for employer-mandated schedule changes with less than 14 days’ notice, except when an employer (1) shortens or cancels a shift, (2) still pays the employee for the originally scheduled work hours, and (3) keeps a record of the date and time the scheduled hours were paid and not worked. Employers should note that the added recordkeeping provision may invite errors that still incur owed premium pay.
Written Consent for Schedule Changes. Employers have a 15-minute grace period to get written consent from an employee for working additional hours in a shift if they cannot get the employee’s written consent before the additional time begins.
Work Schedule Notification Penalties. Employers must provide premium pay for schedule changes made within 14 days, seven days, and 24 hours of the new schedule. The rules clarify that days are measured in hours, which means that 14 days is 336 hours and seven days is 168 hours.
- Review the rules here.
- Review the city’s website for additional resources.
- Have scheduling and payroll procedures updated for compliance.
- Have appropriate personnel trained on the requirements.
- Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2022 ManagEase