NYC Fair Workweek Law — Retail Scheduling
activeNew York City's Fair Workweek Law for retail workers requires retail employers with 20 or more employees to provide work schedules at least 72 hours in advance and prohibits the practice of on-call scheduling. The law bans employers from requiring retail employees to be available to work on-call shifts, canceling or adding shifts with less than 72 hours notice without the employee's consent, and requiring employees to contact the employer or be contacted by the employer less than 72 hours before a shift to confirm whether the employee should report for the shift.
Applicability
Requirements
- Advance Notice
- Hours
- 72
- Description
- Retail employers with 20 or more employees must provide employees with their work schedules at least 72 hours before the beginning of the scheduled shift.
- Method
- Written schedule posted in a conspicuous location at the workplace or transmitted electronically to each affected employee.
- On Call Ban
- Description
- Retail employers are prohibited from requiring employees to be available for on-call shifts. Specifically, employers may not: (1) require an employee to contact the employer or be contacted by the employer less than 72 hours before a shift to confirm whether the employee should report for the shift; (2) cancel or add shifts with less than 72 hours notice without the employee's voluntary written consent; or (3) require an employee to work on-call or be available to work unscheduled shifts.
- Prohibited Practices
- Requiring employees to call in less than 72 hours before a shift to confirm whether to report, Canceling shifts with less than 72 hours notice without employee consent, Adding shifts with less than 72 hours notice without employee consent, Requiring employees to be available for unscheduled on-call shifts
- Coverage Thresholds
- Minimum Employees
- 20
- Description
- The retail scheduling provisions apply to retail employers with 20 or more employees. A retail employer is defined as an employer that is primarily engaged in the sale of consumer goods at one or more stores.
- Anti Retaliation
- Description
- Employers may not retaliate against any employee for exercising rights under the Fair Workweek Law, including declining to work on-call shifts, requesting schedule changes, or filing a complaint with the DCWP.
- Recordkeeping
- Retention Years
- 3
- Records Required
- Work schedules as posted, Any schedule changes and employee consent documentation, Records of on-call scheduling practices
Penalties
The NYC Department of Consumer and Worker Protection (DCWP) enforces the retail scheduling provisions. Violations may result in civil penalties of $500 per affected employee for a first violation and up to $750 per employee for subsequent violations. The DCWP may also order back pay, compensatory damages, and other appropriate relief. Retaliation against employees exercising their rights is subject to additional penalties.
Per violation: $500
Statute of limitations: 2 years
Notes
The retail scheduling provisions are part of NYC's broader Fair Workweek legislative package, which includes separate and more extensive provisions for fast food workers. The retail provisions are notably more limited in scope than the fast food provisions — retail workers receive a 72-hour advance notice requirement and an on-call ban, while fast food workers receive 14-day advance notice, tiered schedule change premiums, clopening protections, and just cause protections. The 20-employee threshold is significantly lower than the fast food threshold (30 locations nationally), reflecting a different policy approach for retail versus fast food sectors.