What do New York City labor laws add to the state's?
This page covers three New York City laws. The Fair Workweek Law gives fast food workers 14 days' notice of each weekly schedule, and retail workers 72 hours' notice at retail businesses with 20 or more employees189.
The Earned Safe and Sick Time Act, also called the Protected Time Off law, gives most employees up to 40 or 56 paid hours a year, 32 unpaid hours, and 20 hours of paid prenatal leave5.
Local Law 61 sets a minimum wage for covered security guards from January 1, 2027, later under some existing agreements37. The City's schedule adds time and one half after an 8 hour day106. The state rate in the city stays $17.00 on January 1, 202711.
This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with New York City's Department of Consumer and Worker Protection, the New York State Department of Labor, or a qualified advisor.
Which dates change the rules in New York City?
- Fair Workweek for retail starts
The law's protections for retail employees took effect on November 26, 201712.
- 32 hours of unpaid protected time off
Employers provide 32 hours of unpaid protected time off immediately available, and another 32 on the first day of each calendar year2. Employers may now deny a request for a temporary schedule change, but cannot retaliate for it1314.
- Local Law 61 takes effect
The security guard law took effect15; its requirements start in phases16.
- Security guard minimum wage and daily overtime
Covered security guard employers pay at least the rates in the City's schedule, and time and one half after an 8 hour day and after 40 straight time hours in a work week610. Under a union agreement, or an agreement on pay or benefits entered into on or before October 30, 2025, with a termination date on a date certain, Local Law 61 applies when that agreement terminates717.
- Second step of the guard schedule
$34.65 armed, $23.15 unarmed with all the listed requirements, $19.68 unarmed with 0 to 36 months or new hires181920.
- Updated guard schedule due
The City publishes the rates for July 1, 2027 through December 31, 2027 by July 1, 2027; until it does, the June 30, 2027 rates stay in effect21.
- Guards: paid time off
Covered security guards receive paid time off benefits under § 20-160322.
- Guards: supplemental benefits
Covered security guards receive supplemental benefits under § 20-160423.
Past or upcoming as of November 12, 2026.
What changes in the week in New York City?
When you build the schedule
At fast food establishments, workers get a regular schedule and 14 days' advance notice of each weekly schedule1. A closing shift followed by an opening shift less than 11 hours later needs the worker's written consent and pays a $100 premium24.
At retail businesses with 20 or more employees, the schedule is posted and given to workers at least 72 hours before its first shift, and on-call shifts are not allowed89.
For covered security guards, from January 1, 2027, or later under some existing agreements, hours past an 8 hour day are paid at time and one half the regular hourly rate1067.
When a schedule changes
Fast food employers pay a premium for each change made less than 14 days before the first day on the schedule: from $10 to $75 depending on the notice and the effect on hours2526. A worker's consent to the change does not remove the premium27. There are four exceptions, among them changes the worker requests or initiates and voluntary shift trades28.
Retail employers generally cannot cancel or cut a shift by more than 15 minutes less than 72 hours before it starts, and added time inside those 72 hours needs the worker's written consent8.
When someone calls in sick
Most employees have up to 40 or 56 hours of paid protected time off a year, and 32 hours of unpaid protected time off from the beginning of employment5. Pay statements show the immediately available unpaid hours29. Employers with 100 or more employees provide up to 56 paid hours30.
Employees can still request a temporary schedule change; the employer may deny it but cannot retaliate13.
In payroll
The state minimum wage in the city is $17.00 an hour, and it stays $17.00 on January 1, 20273111.
From January 1, 2027, or later under some existing agreements, covered security guards are paid at least $33.70 armed, $22.20 unarmed with all the listed requirements, and $18.87 unarmed with 0 to 36 months or new hires3233347.
With a union or individual agreement
For guards under a collective bargaining agreement, or an agreement on pay or benefits entered into on or before October 30, 2025, with a termination date on a date certain, Local Law 61 applies on the date that agreement terminates717.
Local Law 61 does not apply to a guard under a collective bargaining agreement that expressly waives it and provides wages, paid time off and supplemental benefits equal to or greater, in combination, than the law requires35.
The retail Fair Workweek rules do not apply to employees under a collective bargaining agreement that expressly waives them and addresses employee scheduling36.
What changes for security guards in New York City?
Local Law 61 covers any person who employs one or more covered security guards in New York City, except the United States, New York State, the Port Authority and the City37. A covered guard principally performs the functions of a security guard under General Business Law § 89-f(6) and is required to hold a registration card38.
It does not apply to work under a contract subject to the federal Service Contract Act, Article 9 of the Labor Law and the other wage standards it lists39.
Guards also count under the Fair Workweek Law. A fast food employee is anyone working at a fast food establishment whose duties include security, among others, and DCWP says a guard employed by a security company who works at fast food restaurants is covered440. At retail businesses, workers hired through a subcontractor are covered because they work in or from the store41.
What does an employer have to be able to show?
- Security guard employers keep records of compliance with Local Law 61 for 6 years, in their original format, and give the Department access to them in an investigation42.
- Retail employers give a worker, on request, the written schedules for any week worked within the last three years, within 14 days of the request43.
- New York State's payroll records, for not less than six years, apply in the city too44.
When a guard employer does not keep or produce a required record the Department requests in an investigation, a material fact alleged in a notice of violation, to which the record is relevant, is presumed true unless the employer rebuts it45.
What does the law leave open?
The notice for security guards. § 20-1608 has the City publish a notice of rights and has employers give it to guards, within 30 days of the effective date for guards already employed46. The Department's employer page, dated September 1, 2026, still says it “will also post” the notice47. Neither text says what applies while no notice is published. Confirm it with your counsel.
A contract guard at a covered fast food restaurant. A fast food employer is any employer that employs a fast food employee at a fast food establishment48, and DCWP treats a security company's guard at fast food restaurants as covered40. It also says a worker may be jointly employed, and that all employers involved in managing fast food workers may have obligations49. How the security company and the restaurant divide duties such as posting the schedule is not addressed. Confirm it with your counsel.
What does the law say exactly?
§ 20-1602 Security guard minimum wage required. Beginning January 1, 2027, a covered security guard employer shall pay a wage to a covered security guard for each hour worked that meets or exceeds the wage requirements for private sector security guards engaged on New York city public building service contracts in excess of $1,500.
DCWP Minimum Wage Schedule overtime for covered guards
Overtime (for Armed and Unarmed Security Guards) Time and one half the regular hourly rate after: an 8 hour day; 40 straight time hours in any work week.
Admin. Code § 20-1601 who is a covered employer
Covered security guard employer. The term “covered security guard employer” means any person who employs one or more covered security guards in New York city, but shall not include: (i) the United States government; (ii) the state of New York, including any office, department, independent agency, authority, institution, association, society or other body of the state including the legislature and the judiciary; (iii) the port authority of New York and New Jersey; and (iv) the city of New York.
Admin. Code § 20-1616(a) work the law excludes
§ 20-1616 Exclusions. a. The provisions of this chapter shall not apply to any work performed under a contract subject to the McNamara-O’Hara Service Contract Act of 1965, section 6701 of title 41 of the United States code, article 9 of the labor law, article 19-D of the labor law, section 42-A of the public service law, sections 421-a, 467-a, 467-m and 485-x of the real property tax law, section 6-109.1, regarding prevailing wage for security guards and fire guards at citycontracted shelters, or a successor provision, section 6-130, regarding prevailing wage for building service employees in city leased or financially assisted facilities, or a successor provision, section 10-172, and any work subject to a compensation standard prescribed by a rule or regulation of the port authority of New York and New Jersey.
Admin. Code § 20-1201 fast food employee
Fast food employee. The term "fast food employee" means any person employed or permitted to work at or for a fast food establishment by any employer that is located within the city where such person's job duties include at least one of the following: customer service, cooking, food or drink preparation, delivery, security, stocking supplies or equipment, cleaning or routine maintenance. The term "fast food employee" does not include any employee who is salaried.
DCWP Fast Food FAQ 14 days' notice, clopenings, access to hours
Regular Scheduling: Employers must give fast food workers a regular schedule and 14 days’ advance notice of each weekly schedule. Consent to Changes: Workers can say no to working additional hours before hours are added to the schedule. Schedule Change Premiums: Employers must pay between $10-$75 for each change to a scheduled shift made less than 14 days before the first day on that work schedule. Clopenings: Employers cannot schedule a worker for back-to-back closing and opening shifts with less than 11 hours between the shifts without the worker’s permission. If a worker consents in writing and works a clopening, the employer must pay the worker a $100 premium. […] Access to Hours: Employers must offer newly available shifts to current employees before hiring new employees.
DCWP Retail FAQ 72 hours' notice
72 Hours’ Advance Notice of Work Schedules: Retail employers must both post at the workplace AND provide workers with a written work schedule at least 72 hours before the first shift on the schedule. If the employer regularly uses electronic means to communicate with employees—for example, text, email, or an app—the employer must provide the work schedule electronically to employees 72 hours before the first shift on the schedule. If the schedule changes, the employer must repost the new schedule and resend it to all affected workers. No On-Call or Call-In Shifts: Retail employers cannot schedule workers for on-call shifts. Employers also cannot require employees to “check in” within 72 hours of a scheduled shift to find out if they should report for the shift. Additions of Time: Workers can say no to working additional time less than 72 hours before the start of a shift. If the employee consents, consent must be in writing before the employee works additional time. Shift Shortenings or Cancellations: Employers generally cannot cancel or reduce the hours in a shift by more than 15 minutes less than 72 hours before the start of a shift, with certain exceptions.
DCWP Protected Time Off paid and unpaid time off
Most employees have a right to up to 40 or 56 hours of paid protected time off per year. Employees also have 32 hours of unpaid protected time off from the beginning of employment. Employees can take protected time off for many reasons, including childcare, illness, medical appointments, and more. Employers must provide 20 hours of paid prenatal leave in addition to protected time off.
How does a system hold these rules?
New York City's rules land on the schedule, the timecard and payroll at the same time. This is how they come together in WorkAxle:
- Daily and weekly hours, consecutive days and rest between shifts are set up as rules, each with its start date.
- While the schedule is built, the platform flags each shift that breaks one of those rules and names the rule. The supervisor decides.
- Each clock-in and clock-out is recorded with its time, and at the close of the period hours come out classified by your rules, ready for your payroll system.
The supervisor keeps the last word.
What can you check this week?
- List the fast food and retail sites where your guards work, and check each against the Fair Workweek Law's definitions509.
- For each covered guard, write down months of service with you or at the facility, whichever is greater51.
- Mark every day a covered guard works more than 8 hours from January 1, 2027, or from the end of an existing agreement that delays Local Law 611067.
- Check that pay statements show the immediately available hours of unpaid protected time off292.
Sending it to finance, operations or your counsel? The printed brief carries the rules, the dates and the sources.
This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with New York City's Department of Consumer and Worker Protection, the New York State Department of Labor, or a qualified advisor.
Frequently asked questions
Does NYC have a predictive scheduling law?
Yes, the Fair Workweek Law. Fast food workers get a regular schedule and 14 days' notice of each weekly schedule, and retail workers at retail businesses with 20 or more employees get 72 hours' notice189.
What is the security guard minimum wage in NYC in 2027?
From January 1, 2027, at least $33.70 an hour armed, $22.20 for unarmed guards who have completed all the listed requirements, and $18.87 for unarmed guards with 0 to 36 months or new hires, under Local Law 61's schedule323334. For guards under a union agreement, or an agreement on pay or benefits entered into on or before October 30, 2025, with a termination date on a date certain, the law applies when that agreement terminates717. From May 1, 2027: $34.65, $23.15 and $19.68, through June 30, 2027; the City publishes the July to December rates by July 1, 202718192021.
How much sick time do NYC employers have to give?
Most employees have up to 40 or 56 hours of paid protected time off a year, depending on employer size, and 32 hours of unpaid protected time off from the beginning of employment, plus 20 hours of paid prenatal leave530.
Can an NYC employer deny a temporary schedule change?
Yes. The Department says employers may deny requests for a temporary schedule change, but they cannot retaliate against employees for making requests13.
Are security guards covered by NYC's Fair Workweek Law?
When they work at a covered fast food establishment or retail business. Security is among the duties of a fast food employee, and DCWP says a security company's guard at fast food restaurants is covered440. Workers hired through a subcontractor at a retail store are covered too41.
What is the minimum wage in New York City?
$17.00 an hour under state law, and it stays $17.00 on January 1, 20273111. Home care aides go to $20.00 that day52, and covered security guards are paid at least the City's schedule from January 1, 2027, or later under some existing union or individual agreements67.
https://www.workaxle.com/compliance-center/united-states/new-york/new-york-city