The New York City Department of Consumer and Worker Protection (the DCWP) announced this week that it settled with three fast food restaurant chains for nearly $5 million for violations of the NYC Fair Workweek Law.
Under the NYC Fair Workweek Law, fast food employers must, among other obligations, give workers regular schedules that stay the same from week-to-week; give workers schedules 14 days’ in advance; pay premiums for schedule changes or “clopenings”; give workers a chance to say no to extra work or “clopenings” and give workers the opportunity to work more regular hours before hiring new employees. The law also prohibits fast food employers from firing or reducing the hours of a worker by more than 15% without just cause or a legitimate business reason.
The three chains were all found by the DCWP to have violated, at one or more NYC locations, the law’s requirement to pay premiums for schedule changes; to give current workers the opportunity to work more regular hours before hiring new workers; and failing to obtain workers’ consent when adding hours to their schedule. The settlements ranged from $152,000 for a chain with violations in one location to $3.45 million for a chain with violations in all it NYC locations. Restaurant chains with NYC locations should be sure to review the law and ensure compliance at all their NYC locations.