New York City’s Fair Workweek laws originally went into effect on November 26, 2017, as part of an effort to provide more predictability and consistency in work schedules for certain workers, including those in the fast-food industry. We covered the law’s new requirements around schedule changes and cancellations, notice requirements, and restrictions on “clopenings” in a previous article.
While these new laws were well-intended to protect certain workers, the practical reality for many fast-food operators was an extremely difficult challenge in trying to record, track, and mange the various schedules, changes, and notice requirements the law mandated. In short, complying, even when trying one’s best, was not easy, particularly without sufficient guidance.
To that end, the New York City Department of Consumer and Worker Protection has recently published guidance intended to help employers develop software systems that make compliance more practical. While the DCWP is not mandating the procedures set forth in its guidance, employers would be wise to take it into consideration as it lays out what the city regulators look for when they investigate allegations of FWW violations. Additionally, software vendors can look to the guidance for development ideas that would be useful for business owners.
Broadly speaking, the guidance suggests that employers use software that can integrate scheduling, payroll, time tracking, and employee records, so that employers can easily track the shifts worked and changed, payments made to employees, and easily offer open shifts to employees in compliance with the law. The guidance warns employees not to rely on multiple systems that do not communicate with one another or otherwise require manual intervention as this would likely create compliance and auditing issues.
For employers who have not read through the guidance and started taking steps to start utilizing fully integrated or otherwise compliant software, they should do so immediately in conjunction with their legal counsel and IT professionals. Not only would improved software lead to increased efficiencies and transparency, it also would enable fast-food employers to avoid unintended fines and penalties due to human error.
Outside Legal Counsel LLP advises fast-food employers with regards to complying with FWW and other employee-facing laws. If you need guidance on how to ensure your software is complaint and/or need a review of any of your employee-facing manuals, procedures, or practices, please contact us today.
This is not legal advice and is attorney advertising.
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