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Retail & Fast Food Workers: NYC Fair Workweek Rights

NYC’s Fair Workweek Law sets rules for advance scheduling, extra pay when plans change, rest between “clopening” shifts, on-call practices, and how hours must be offered to part-timers before new hires.

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Who is covered?

The law applies to retail employers with 20 or more employees in NYC, and to fast-food employers with 30 or more locations nationally. Rules can differ by industry, but the core idea is the same: predictable schedules, compensation when employers change the plan late, and fair access to hours.

  • Advance scheduling

    Employers must provide schedules in advance. Last-minute changes can trigger premium pay obligations.

  • Premium pay for schedule changes

    When shifts are added, subtracted, or moved on short notice, workers may be owed additional pay under the law.

  • “Clopening” & on-call restrictions

    There must be at least 11 hours between a closing shift and the next opening shift unless you agree in writing and receive a premium. On-call shifts that effectively tie you to the job are tightly regulated.

  • Part-time access to hours

    Before hiring new workers, covered employers generally must offer available hours to existing part-time staff who are qualified.

Common violations

  • Posting schedules late or changing them without paying required premiums.
  • Scheduling back-to-back closing and opening shifts without the 11-hour gap or proper consent and premium.
  • Treating workers as “on call” without complying with restrictions on unpredictable work.
  • Hiring new staff while cutting hours for existing part-timers instead of offering open shifts first.

Your rights — take the next step

  • You may be owed back pay and penalties when employers break Fair Workweek rules.
  • Retaliation for asserting scheduling rights is unlawful.
  • Detailed records (texts, apps, photos of posted schedules) strengthen your claim.

Were your schedules unfair or illegal?

Tell us what happened. We help NYC workers understand their options and pursue what they are owed.

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