New York City has put in place strong protections for food delivery workers who use apps. These rules ensure fair treatment and pay for all workers, no matter their immigration status.
Fast food workers in New York City have important rights under the Fair Workweek Law, which requires predictable scheduling practices from employers. The law, which took effect in November 2017, protects workers against last-minute schedule changes and ensures they receive premium pay when their employers deviate from regular scheduling requirements. Here are three red flags that your employer may be violating your rights under the Fair Workweek Law and denying you premium pay.
Red Flag #1: Clopenings
A “clopening” occurs when workers are scheduled for two shifts over two days with less than 11 hours between shifts. Employers cannot require workers to work these shifts without:
- Getting the worker’s written consent
- Paying a $100 premium for each clopening worked
- Giving workers the opportunity to decline the shifts
If you’re asked to work a clopening shift, make sure you receive both written documentation and the required premium payment.
Red Flag #2: Last-Minute Schedule Posting
Workers should be on the lookout for managers posting schedules at the last minute. Employers must provide work schedules at least 14 days before the first day of the schedule. When employers make last-minute changes, they owe workers premium pay. The exact amount owed may depend on whether hours are added, reduced, or unchanged.
Red Flag #3: Schedule Extensions Without Consent
When an employer wants to add hours to your schedule, they must:
- Get your written consent before adding the hours
- Pay premium pay for the schedule change
- Document your consent to each instance
Watch out for fast-food employers that make you stay beyond your scheduled end time. If you’ve been scheduled to work the opening shift and are supposed to leave at 4:00 pm, for example, the manager can’t keep you there without following the requirements of the Fair Workweek Law.
Conclusion
Fast food workers should carefully track their schedules and any changes made by their employers. If you experience any of these red flags, you may be entitled to premium payments.
Remember: These premium payments are your right under the law – they’re not optional extras that employers can choose whether or not to pay. Workers whose rights have been violated may bring a lawsuit or file a complaint with NYC’s Department of Consumer and Worker Protection.
