Client Alert:

 New York City Employers:
EFFECTIVE NOVEMBER 26, 2017

New Predictive Scheduling Law

ON-CALL SHIFTS PROHIBITED

RETAIL Employers Must Give 72 Hours Notice to Workers

*There are different rules for Fast Food establishments

  
  
YOU MUST:
  • Post and provide schedules to employees no less that 72 hours before the first shift on the schedule.
  • Provide 72 hours notice of schedule changes.
  • Personally notify effected personnel.
  • If you communicate by email or other electronic means, you must notify all personnel through those as well.
  • A new schedule must also be posted.
  • This includes cancellations.
  • This includes adding shifts unless the employee consents in writing.
YOU MAY NOT:
  • Require employees to call in fewer than 72 hours before a shift begins.
  
Violations
  • Violations are payable to the employee and range from $300-$500 per employee, per violation.
  • The New York City of Division of Labor Standards may impose additional civil penalties.
  • Employees have a private right of action.
 
 
Specific Records Mandates
  • Records of compliance must be maintained for 3 years.
  • Employees are entitled to certain records upon request.
 
Notice Requirements
  • Must be posted in English and any other language spoken by at least five percent of the employees at their location.  The NYC Division of Labor Standards is supposed to be developing these posters.

Please contact Sharon Stiller at (585) 218-9999 or Rachel Gold at (718) 215-5300 if you have any questions or we can be of assistance.


Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrara, Wolf & Carone, LLP

In the Rochester Office:
 
Sharon Stiller, Esq.
Director of the Employment Law Practice
(585) 218-9999
 
 
In the Brooklyn Office:
 
Rachel Demarest Gold, Esq.
(718) 215-5300 Ext. 546
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