2018 GNYADA Membership Directory

NYC ENACTS “FAIR WORKWEEK” LAWS

New York City’s “Fair Workweek”package of bills went into effect on November 26, 2017. These laws, which apply to full-time and part-time employees, restrict “on-call” scheduling, which makes it difficult for employees to predict their day-to-day work hours and income. Dealers are advised to develop their schedules sooner and distribute these schedules to employees to ensure that their scheduling and recordkeeping practices comply with the new laws. Employers must: • Post employees’schedules 72 hours before the beginning of the scheduled shift; • Not cancel, change, or add shifts within 72 hours of the start of the shift; • Upon request, provide a copy of an employee’s work schedule for any week worked over the prior three years; • Upon request, provide the most current version of the work schedule for all retail employees at the facility. There are limited exceptions: • Employees may consent in writing to allow the employer to take otherwise prohibited action within the 72-hour period; • Employers may make changes where their operations cannot begin or continue due to: • threats to the retail employees or the retail employer’s property; • the failure of public utilities or the shutdown of public transportation; • a fire, flood, or other natural disaster; or • a state of emergency declared by the President of the United States, Governor of New York, or Mayor of New York City. Retail employees must also be scheduled for no fewer than 20 hours of work during each 14-day period.

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• Where the retail employee requests time off; or • Where two employees voluntarily trade shifts.

If any of your dealership employees were subject to a collective bargaining agreement at the time the law went into effect, they will be subject to the law after the agreement expires. Failure to comply with the laws can incur penalties including $200 per violation, attorneys’fees, and injunctive relief. New York State is expected to adopt fair scheduling regulations in the near future. As the details of the State’s proposals become clear, the Association will communicate them to its members.