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A Local Law to amend the administrative code of the city of New York, in relation to banning consecutive work shifts in fast food restaurants involving both the closing and opening of the restaurant

This bill would ban “clopenings” for fast food employees; fast food employers would not be allowed to require fast food workers to work back-to-back shifts when the first shift closes the establishment and the second shift opens it the next day, with fewer than 11 hours in between. The employer will need to pay pay an employee who works a “clopening” shift $100 for each instance that such employee works such shifts.

  • Enacted

History

May 30, 2017
Mayor
Signed Into Law by Mayor
May 30, 2017
Mayor
Hearing Held by Mayor
May 24, 2017
City Council
Pass
Approved by Council

Affirmative

Negative

Absent

May 22, 2017
Committee on Civil Service and Labor
Hearing Held by Committee
May 22, 2017
Committee on Civil Service and Labor
Amendment Proposed by Comm
May 22, 2017
Committee on Civil Service and Labor
Amended by Committee
May 22, 2017
Committee on Civil Service and Labor
Pass
Approved by Committee

Affirmative

Mar 3, 2017
Committee on Civil Service and Labor
Hearing Held by Committee
Mar 3, 2017
Committee on Civil Service and Labor
Laid Over by Committee
Dec 6, 2016
City Council
Referred to Comm by Council
Dec 6, 2016
City Council
Introduced by Council

Int. No. 1388-A

By Council Members Johnson, Cohen, Rosenthal, Reynoso, Torres, Richards, Lander, Constantinides, Levin, Levine, Rose, Salamanca, Van Bramer, Koslowitz, Kallos, Lancman, Menchaca, Chin, Crowley, Treyger, Cabrera, Rodriguez, Espinal, Eugene, Maisel, Miller, Williams, Cumbo, Dromm, Cornegy, Barron, Gibson, Ferreras-Copeland, King, Palma, Gentile, Vacca, Perkins, Mendez, Wills and the Public Advocate (Ms. James)

 

A Local Law to amend the administrative code of the city of New York, in relation to banning consecutive work shifts in fast food restaurants involving both the closing and opening of the restaurant

 

Be it enacted by the Council as follows:

Section 1. Chapter 12 of title 20 of the administrative code of the city of New York is amended by adding a new subchapter 3 to read as follows:

Subchapter 3

Minimum Time Between Shifts

§ 20-1231 Minimum time between shifts. Unless the fast food employee requests or consents to work such hours in writing, no fast food employer shall require any fast food employee to work two shifts with fewer than 11 hours between the end of the first shift and the beginning of the second shift when the first shift ends the previous calendar day or spans two calendar days. The fast food employer shall pay the fast food employee $100 for each instance that the employee works such shifts.

§ 2. This local law takes effect on the later of 180 days after it becomes law or the date that a local law amending the administrative code of the city of New York in relation to establishing general provisions governing fair work practices and requiring certain fast food employers to provide advance notice of work schedules to employees and to provide schedule change premium compensation when hours are changed after required notices, as proposed in introduction number 1396-A for the year 2016, takes effect, except that the director of the office of labor standards shall take such measures as are necessary for the implementation of this local law, including the promulgation of rules, before such date.

 

 

 

MWC

LS 9020 and LS 9068

05/15/17 11:12 p.m.