FAST FOOD WORKER JUST CAUSE JOB PROTECTIONS EFFECTIVE JULY 4

 Department of Consumer and Worker Protection (DCWP) Acting Commissioner Sandra Abeles today announced that the groundbreaking just cause law for fast food workers goes into effect on July 4 and that resources for employers and employees are now available. Under the new law, fast food employers cannot fire or lay off workers, or reduce their hours by more than 15 percent without just cause or a legitimate economic reason. The just cause law adds critical new job protections for fast food workers in addition to the existing fair scheduling protections under the City’s Fair Workweek Law. 

“For too long, fast food workers—a predominately minority and female workforce—have been treated as if they were disposable and yet they have been there for us on the frontlines throughout the pandemic,” said DCWP Acting Commissioner Sandra Abeles. “These workers deserve better and no worker should be left jobless for unjust reasons – ever. This vital law will bring additional stability to the lives of these low-wage workers and ensure they can’t be fired on a whim.”

 

Under the new just cause law, fast food employers:

 

• Cannot fire or reduce hours without just cause. Employers must give workers who passed their probation period retraining and an opportunity to improve and can only fire underperforming workers after giving them multiple disciplinary warnings in a year or for egregious misconduct. 

 

• Cannot lay off current workers except for economic reasons. Layoffs must be in reverse order of seniority, with the longest-serving workers laid off last.

 

• Must give a written explanation for firing, reduction of hours, or layoff.

 

• Must give laid-off or current workers priority to work newly available shifts. Employers must advertise open shifts on posters in the restaurant and by text or email. Employers can only hire new workers if no laid-off or current NYC workers accept the shifts by the posted deadline.

 

The just cause protections go into effect on July 4 and workers can immediately enforce their rights in court through a private right of action. DCWP will begin enforcing the just cause law on September 2. Beginning in January 2022, workers also can request to resolve their complaints through binding arbitration by a DCWP administered panel of arbitrators.

 

Under the Fair Workweek Law, which went into effect in November 2017, fast food employers in New York City must also give workers regular, predictable general schedules, two weeks’ advance notice of their work schedules covering specific dates, premium pay of between $10-$75 for schedule changes, and the opportunity to work newly available shifts before hiring new workers. Fast food employers also cannot schedule workers for a morning shift the day after a night shift unless workers consent in writing and are paid a $100 premium to work the shift. Similarly, fast food employers must obtain workers’ written consent before adding any time to their work schedules with less than two weeks’ notice and may not penalize them for declining to work. Under the Law, retail employers must also give workers advanced notice of work schedules and may not schedule workers for on-call shifts or change workers’ schedules with inadequate notice.

 

Fast food employers must post the new NYC Fast Food Workers’ Rights Notice in English and any language that is the primary language of at least five percent of the workers if available on the DCWP website. Employers and employees can visit nyc.gov/workers or call 311 (212-NEW-YORK outside NYC) for the new Notice, which will soon be available in 16 languages, as well as an overview of the law, information about the required progressive discipline policy, templates, and soon-to-be added FAQs about the law. Starting this month, DCWP will be conducting a series of educational walks and roundtables to educate workers and employers about the new protections.