New York City ‘Fair Workweek’ bills signed into law

By Joy Waltemath

On May 30, New York City Mayor Bill de Blasio signed into law the “Fair Workweek” package of bills, which will make predictable schedules and predictable paychecks for fast food and retail workers in New York City rights, not privileges. The package, initiated by de Blasio, delivers on his promise to end unfair and inconsistent scheduling practices in the fast food industry.

In 180 days, when the bills go into effect, fast food and retail corporations operating in New York City will be responsible for their scheduling practices, which have left workers with little sense of when they will work and how much they will earn. These practices have made it too difficult for hundreds of thousands of low-wage earners in New York City to obtain additional employment, plan for child or elder care, or further their education, according to the Mayor.

The legislative package includes the following bills:

Introduction 1387-A, which bans the practice of “on-call scheduling” for certain retail employees, unless the business has to close for reasons specified in the bill.
Introduction 1388-A, which bans “clopenings” (when an employee is required to work back-to-back shifts involving the closing and opening of the establishment) for fast food employees with fewer than 11 hours in between shifts. An employer will now have to pay $100 to an employee who voluntarily works such shifts.
Introduction 1395-A, which requires fast food employers with available work hours to offer shifts to existing employees before hiring new employees.
Introduction 1396-A, which establishes general provisions governing fair work practices in this package and requires certain fast food employers to provide advance notice of work schedules to employees and to provide a schedule change premium when hours are changed after required notices.
Introduction 1384-A, which creates a mechanism for fast food workers to make contributions from their salaries to not-for-profits of their choice via payroll deductions and requires employers to deduct and remit such donations to such not-for-profits. Labor organizations will not be eligible to receive donations.

Nearly one in five Americans has an unstable work schedule, and about 40 percent of early career workers, those aged 26-32, have less than one week advance notice of their schedules, according to the Mayor’s press release. This is a problem particularly for workers in industries such as fast food and retail, where nationally the average worker age is 29 and an average of 25 percent of workers are raising children.

Enforcement of these Fair Workweek laws will fall under the jurisdiction of the City’s Office of Labor Policy and Standards (OLPS), which is housed within the Department of Consumer Affairs (DCA).

“Last fall, we promised to make the lives of some of our city’s hardest working just a little bit easier by bringing fair, predictable scheduling to their jobs,” de Blasio said. “These bills deliver on that promise. Predictable schedules and predictable paychecks should be a right, not a privilege. With this legislation, we are continuing to build a fairer and more equitable city for all New Yorkers.”

“The City Council is proud to have passed the Fair Work Week legislative package—the most comprehensive and progressive package of its kind nationwide—by a nearly unanimous vote,” added Speaker Melissa Mark-Viverito. “These measures represent significant steps forward in protecting local fast food and retail employees from unfair, unsustainable, and unpredictable workplace practices and environments.”

Source:: New York City ‘Fair Workweek’ bills signed into law