United States: New York City Council Committee Pursues Predictive Scheduling And Other Labor Bills

Last Updated: March 7 2017
Article by Michael J. Lotito and Stephen A. Fuchs

On Friday, March 3, 2017, the New York City Council's Committee on Civil Service and Labor considered a package of six bills that could significantly affect the scheduling of fast food and other employees. These measures seek to improve working conditions related to employee scheduling. Similar laws have been passed in San Francisco and Seattle.1

Proposed Bills Affecting Fast Food Employers

Four potential measures specifically apply to New York City's fast food workers, a category that includes non-salaried employees of fast food establishments whose job duties involve, among other things, customer service, cooking, delivery, or cleaning. Generally speaking, the bills define "fast food establishments" as establishments that are part of a chain with 30 or more locations nationally, offering limited service, with a primary purpose of service food or drinks, and where customers order and pay before eating.

The first of the four bills concerning fast food workers would ban the scheduling scenario known as "clopening," which occurs when an employee is scheduled to close and then open the establishment as his or her next shift. Under this bill (Int. No. 1388-2016), unless the employee consents, an employer must schedule a break of more than 11 hours between an employee's shifts. If the employer fails to do so, it would pay the employee $100 for each instance of "clopening."2

A second bill (Int. No. 1396-2016) aims to make the schedules of fast food workers more predictable.3 If passed, this measure would require fast food employers to post a notice of employee's rights and to notify employees, upon hire, of their estimated work schedule. On an ongoing basis, employers would be obligated to post the workers' schedule at least 14 days in advance. An employer would then pay a premium (either $15 to $45 per instance, depending if hours are added or removed) to any employee whose schedule is changed—i.e., whose shift is cancelled, shortened, or moved—with less than 14 days' notice. If a change resulting in a reduction of shift hours is made with less than 24 hours' notice, the employer would pay a premium of $75. The bill creates a private cause of action with a two-year statute of limitations and an array of available damages and penalties for employees seeking to enforce these rights.

The goal of yet another bill (Int. No. 1395-2016) is to "provide part-time fast food workers with a path toward additional hours and full-time employment, should they want it."4 This bill, if passed, would mandate that fast food employers offer available shifts to current employees at the relevant location before hiring more workers. If shifts become available, the employer must post a notice, for three consecutive days, informing employees about the number and schedule of shifts offered, along with other details about the shifts and the process by which employees may express interest. The proposed bill explains the mechanism for distributing work and further obligates employers to offer training opportunities to enable current workers to qualify for open positions.

A fourth measure specific to fast food workers (Int. No. 1384-2016) would enable them to make voluntary contributions to nonprofit organizations through payroll deduction.5 The proposal describes how such contributions could be authorized by employees and processed by employers.

Proposed Bills Affecting Retail and Other Employers

Additional bills under consideration by the Committee on Civil Service and Labor concern the scheduling of employees outside the fast food context.

In one such bill (Int. No. 1387-2016), retail employers would be prohibited from scheduling employees for any on-call shifts.6 Retail employers also could not cancel any scheduled hours, or demand that employees pick up additional hours, with less than 72 hours' notice. Among other things, this bill would require employers to post the workers' schedule at least 72 hours in advance, with updates as needed. Retail employers also could not give an employee less than 20 hours of work in any 14-day period, not including any leave time elected by the employee.

The final measure addressed on Friday (Int. No. 1399-2016) would create a right for employees to request and receive flexible work arrangements, without fear of retaliation.7 The bill defines "flexible work arrangement" to include a variety of changes to an employee's terms and conditions of employment, such as a modified work schedule, limits on availability, part-time employment, or working from home. This proposal would allow an employee to request, in writing, a flexible work arrangement; this written request then obligates the employer to engage in an interactive process to consider the request in good faith. In an emergency situation—such as a caregiving snafu, or personal or familial health emergency—an employee may submit a request for a temporary accommodation, either orally or in writing. In an emergency situation, the employer must allow the temporary change for one business day, and up to four times per year.

At the conclusion of Friday's public hearing on these bills, I. Daneek Miller, Chair of the City Council's Committee on Civil Service and Labor, remarked: "We look forward to working with advocates and industry folks as we further this legislation and most importantly, we look forward to passage and signing of this legislation . . ."

A video of Friday's hearing can be accessed here.

We will continue to monitor these bills as they proceed through the New York City Council and will report any significant updates as they occur.


1 Doug Smith, Seattle City Council Approves Secure Scheduling Ordinance, Littler Insight (Sept. 20, 2016); Michael Brewer, et al., San Francisco Ordinance Imposes New Burdens on 'Formula' Retail Employers, Littler Insight (Dec. 9, 2014).

2 Details about this proposed bill (Int. No. 1388-2016) are available at: http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=2900927&GUID=4D7C5A27-A6B8-4CAC-8A5A-99862C5FED74&Options=&Search=.

3 Details about this proposed bill (Int. No. 1396-2016) are available at: http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=2900942&GUID=F6382D3F-7D70-4324-A083-65BD4E355E55&Options=&Search=.

4 Details about this proposed bill (Int. No. 1395-2016) are available at: http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=2900940&GUID=BA0D943C-4827-45D5-9EA4-75A6B5B46B12&Options=&Search=.

5 Details about this proposed bill (Int. No. 1384-2016) are available at: http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=2900907&GUID=3671A5D8-2C46-4169-978A-F318543B40A4&Options=&Search=.

6 Details about this proposed bill (Int. No. 1387-2016) are available at: http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=2900928&GUID=5A7DF104-0104-463E-96FC-A7FB1FDD9B8F&Options=&Search=.

7 Details about this proposed bill (Int. No. 1399-2016) are available at: http://legistar.council.nyc.gov/LegislationDetail.aspx?ID=2900941&GUID=68DC01AE-C577-4B86-B3E5-B9D98836C1E2&Options=&Search=. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Michael J. Lotito
Stephen A. Fuchs
Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions