FAST-FOOD AND RETAIL WORKERS: KNOW YOUR RIGHTS UNDER FAIR WORKWEEK LAW 2022
New York City’s Fair Workweek Law protects all fast food and retail workers against unfair and harmful scheduling and termination practices — a rampant problem in the service and hospitality industries.
If you’re a victim of unjust discharge, unscrupulous scheduling practices, or wage theft stemming from your employer’s failure to act in accordance with Fair Workweek Law’s regulations, you may be eligible to obtain compensation.
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These Are Your Rights Under Fair Workweek Law
In 2017, The Fair Workweek Law went into effect, granting retail and fast-food workers a medium to a predictable and transparent schedule, consistent paycheck, opportunity to voluntarily work more hours while barring unfair firing.
Fair Workweek Law asserts the following mandates:
• Employers must provide you stable week-to-week schedule.
• Employers must notify you of any schedule changes up to 14-days (2 weeks) in advance.
• You must receive premium pay for schedule changes made with less than 14-day notice.
• Employers are not allowed to schedule you for clopening shifts (forcing you to work opening and closing shifts without enough rest hours in between) without your consent and paying a premium.
• Employers must prioritize laid-off or existing workers before hiring new talent when new shifts become available.
• Employers cannot fire you without an “unjust cause” after a 30-day probation period.
• Employers cannot require you to be ready to work on-call, nor can they cancel your shift last minute.
• Employers must give you a written explanation for terminating a worker, lay-off or reducing their work hours.
NYC’s Fair Workweek Law Protect is Applicable to Undocumented Workers
The Fair Workweek Law applies to all fast-food and retail workers, regardless of immigration status. Undocumented workers are among the group that is most vulnerable to employer abuse.
They do not speak up due to the fear of facing deportation. Some employers take advantage of their fear and put them in dangerous situations by making them work abnormally long hours with little pay, discharging them without adequate notice, and withholding payment.
The law makes it illegal for the employer to threaten any legal action, punish or penalize any worker — undocumented or otherwise — for simply choosing to exercise their lawful rights.
If Your Employer Has Denied Your Rights, Leeds Brown Law is Ready To Fight Your Case
Your employer should provide you with a fair and safe workplace in return for your skills and hard work. Yet, some employers subject their workforce to illegal and inhumane working conditions.
Contact us if you are a fast-food or retail worker in NYC, and your employer has violated any of your rights under Fair Workweek Law through situations like:
• Your employer is not paying a premium when asking you to cover a shift without advance notice.
• Your employer does not pay a premium when asking you to work a different shift without advanced notice.
• Your work hours are diminished or canceled.
• You have been terminated without an “unjust cause” and without being given any opportunity for improvement.
At Leeds Brown Law, our employment lawyers have represented workers with claims involving a range of illegal labor practices, such as wage theft, unjust termination, unpaid overtime, and many other types of violations.
We can provide legal advice with the best course of action to obtain a favorable outcome in your worker mistreatment case. Our attorneys can file a claim, negotiate a settlement on your behalf, and represent you in front of appropriate administrative agencies such as DCA and NYSDOL.