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At chain fast food restaurants in New York City, schedules go out 14 days ahead, and at retailers with 20 or more employees, 72 hours ahead. A guard who works at those sites can be covered too.

What does New York City's Fair Workweek Law require for fast food and retail schedules, and does it cover security guards?

Verified on November 12, 2026 against the Administrative Code's Fair Workweek sections and the Department of Consumer and Worker Protection's Fair Workweek guidance·What changed on this page

14days

of advance notice of each weekly schedule for fast food workers14

72hours

before the first shift, for the schedule at retail businesses with 20 or more employees25

$100

for each clopening a fast food worker agrees in writing to work, with fewer than 11 hours between the shifts36

What does the NYC Fair Workweek Law require?

New York City's Fair Workweek Law gives fast food workers a regular schedule, 14 days' notice of each weekly schedule, a premium for most later changes, and $100 for each clopening they agree to work147.

At retail businesses with 20 or more employees, the schedule goes out at least 72 hours before its first shift, on-call shifts are not allowed, and a shift generally cannot be cancelled, or cut by more than 15 minutes, inside those 72 hours25.

Security is one of the duties that make someone a fast food employee, and non-salaried guards placed by a contractor at a covered site are covered8910.

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 or a qualified advisor.

Which sites and workers does the Fair Workweek Law cover?

A fast food establishment has serving food or drink as its primary purpose, takes orders and payment before eating, offers limited service, is part of a chain, and is one of 30 or more establishments nationally, counting franchises11. Such establishments inside other businesses count too11.

A fast food employee is anyone employed or permitted to work at or for one in the city whose duties include customer service, cooking, food or drink preparation, delivery, security, stocking, cleaning or routine maintenance; salaried employees are not included8. DCWP says salaried workers exempt from overtime under state law are not covered12.

A retail business is an entity with 20 or more employees engaged primarily in the sale of consumer goods at one or more stores in the city5. All employees who work in its stores are covered regardless of position or job title10.

Workers hired through a subcontractor, temp firm or other third party are covered at both kinds of site. The Department's example is a guard employed by a security company who works at two fast food restaurants and an office building, and it says she is a fast food employee because she performs security for the two restaurants910.

The retail rules do not apply to employees under a collective bargaining agreement that expressly waives them and addresses employee scheduling13, or to employees who work at the corporate office and not in a store14. A retail worker under an agreement in effect on November 26, 2017 is covered from the day after it expires15.

What do fast food employers owe when they schedule?

Fast food employers give workers a regular schedule and 14 days' advance notice of each weekly schedule, covering at least seven days14. Workers can say no to added hours before they are added1.

A work schedule may differ from the regular schedule, but if weekly scheduled hours differ by more than 15%, the employer must ask for the worker's written consent16.

For each change the employer makes less than 14 days before the first day on the schedule, it pays a premium. The amount depends on the notice and on whether hours are added, unchanged or reduced177. A worker's consent to the change does not remove the premium18.

Schedule change premiums at fast food establishments, Administrative Code § 20-1222(a) and the Department's Fair Workweek FAQ (9/15/2023)717.
Notice to the employeeHours or shifts addedDate or time moved, no loss of hoursHours cut or shift cancelled
Less than 14 days but at least 7 days$10 per change$10 per change$20 per change
Less than 7 days but at least 24 hours$15 per change$15 per change$45 per change
Less than 24 hours$15 per change$15 per change$75 per change

DCWP lists four exceptions to the premium19:

  • When the employer is unable to operate because of threats to employees or property, a utility failure or a public transportation shutdown, fire, flood or other natural disaster, a declared state of emergency, or severe weather that threatens employee safety19.
  • When workers request or initiate the change, such as asking for time off, calling out, using safe and sick leave, arriving late or leaving early; the employer keeps written documentation19.
  • When employees voluntarily trade shifts19.
  • When added time must be paid at overtime19.

Unless the worker requests or consents in writing, a fast food employer cannot require two shifts with fewer than 11 hours between them when the first ends the previous calendar day or spans two calendar days, a “clopening”, and pays $100 for each one worked63.

Before hiring, employers offer newly available shifts to current workers who worked at least eight hours in the past 30 days, with a notice posted for three consecutive days and sent to each worker electronically, which may include text or email20.

What do retail employers owe when they schedule?

Retail employers post the schedule at the workplace and give it to workers at least 72 hours before its first shift, electronically where they usually communicate that way, and repost and resend it when it changes2.

They cannot schedule on-call shifts or require workers to check in within 72 hours of a shift to learn whether to report. Workers can say no to added time less than 72 hours before a shift, and consent must be in writing before the time is worked2.

Employers generally cannot cancel a shift or cut it by more than 15 minutes less than 72 hours before it starts221. The exceptions include an employee's request for time off, shift trades between employees, and closures for threats to safety or property, utility or public transportation failure, fire, flood or other natural disaster, or a state of emergency22.

What changes in the week at a covered site?

When you build the schedule

Fast food: the weekly schedule goes out 14 days ahead; it may differ from the regular schedule by up to 15% of weekly hours without written consent116. Retail: 72 hours ahead, with no on-call shifts221.

A close followed by an open fewer than 11 hours later, at a fast food site, needs the worker's written consent and $1006.

When a schedule changes

Fast food: a change inside 14 days carries a premium from $10 to $75, whether or not the worker agreed, outside the four exceptions above171819. Retail: no cancellation or cut of more than 15 minutes inside 72 hours, outside the listed exceptions222.

When a shift opens up

Fast food: offer it to current workers before hiring, posted for three consecutive days and sent electronically20.

With a contract guard on the post

A non-salaried guard placed by a security company at a covered fast food site, or any guard placed at a covered retail store unless a collective bargaining agreement expressly waives the law and addresses scheduling, is covered there9121013.

When a schedule changes lateFair Workweek Laws 2026: What Triggers Penalty PayWhat triggers predictability pay and what each trigger costs: one hour for a short-notice change, half the hours lost for a cut, and where no figure is published.ReadIn payroll, for security guardsLocal Law 61 of 2026 in NYC: who is covered, what to keep and when each part startsLocal Law 61 covers employers of one or more covered security guards in New York City. Its minimum wage starts January 1, 2027; records are kept 6 years.See the ruleFor the rest of the city's rulesNew York City labor laws: what changes the schedule and the payNew York City adds Fair Workweek for fast food and retail, 32 hours of unpaid protected time off, and a security guard minimum wage from January 1, 2027.See the rule

What does an employer have to be able to show?

  • Retail: on request, the written schedules for any week worked within the last three years, within 14 days of the request23.
  • Written consents for added time at retail and for each clopening at fast food sites26.
  • Each schedule change, its notice and the premium paid at fast food sites17, and written documentation of each change a worker requested or initiated19.

The fast food FAQ lists fines of $500 per violation per worker for a first violation, up to $750 for a second within two years and up to $1,000 for each one after24.

What does the law leave open?

Whose duty it is for a contract guard. A fast food employer is any employer that employs a fast food employee at a fast food establishment25, and the Department treats a security company's guard at fast food restaurants as a fast food employee9. It also says a worker may be jointly employed, and that “all employers involved in the management of fast food workers may have obligations”26. How the security company and the restaurant divide duties such as posting the schedule at the workplace is not addressed. Confirm it with your counsel.

What does the law say exactly?

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.
NYC Admin. Code § 20-1201 (fast food employee) · official text · source 8
Admin. Code § 20-1201 fast food establishment
Fast food establishment. The term "fast food establishment" means any establishment (i) that has as its primary purpose serving food or drink items; (ii) where patrons order or select items and pay before eating and such items may be consumed on the premises, taken out or delivered to the customer's location; (iii) that offers limited service; (iv) that is part of a chain; and (v) that is one of 30 or more establishments nationally, including (A) an integrated enterprise that owns or operates 30 or more such establishments in the aggregate nationally or (B) an establishment operated pursuant to a franchise where the franchisor and the franchisees of such franchisor own or operate 30 or more such establishments in the aggregate nationally. The term "fast food establishment" includes such establishments located within non-fast food establishments.
NYC Admin. Code § 20-1201 (fast food establishment) · official text · source 11
Admin. Code § 20-1201 retail employer and retail business
Retail employer. The term "retail employer" means any employer that employs a retail employee at a retail business. The term "retail business" means any entity with 20 or more employees that is engaged primarily in the sale of consumer goods at one or more stores within the city. […] Retail employee. The term "retail employee" means any employee who is employed by a retail employer.
NYC Admin. Code § 20-1201 (retail employer, retail business, retail employee) · official text · source 5
DCWP Fast Food FAQ workers placed by a third party; the guard example
Even if workers are hired by a subcontractor, temp firm, or another third party to work at a fast food establishment, they are covered by the law as long as they meet the definition of a fast food employee. […] Scenario: Marcia is employed as a security guard by Safer Security. She provides security services to two fast food restaurants and an office building. Is Marcia a fast food employee? Yes. Marcia is considered a fast food employee because she performs security for two fast food restaurants.
NYC DCWP, Fair Workweek Law in Fast Food: FAQ (9/15/2023) · official text · source 9
DCWP Fast Food FAQ what the law covers
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.
NYC DCWP, Fair Workweek Law in Fast Food: FAQ (9/15/2023) · official text · source 1
DCWP Fast Food FAQ schedule change premiums
Schedule Change Premium Amounts Amount of notice (before first date on work schedule) additional hours Rate for Rate if no impact on total hours Rate for reduced hours Less than 14 days’ notice $10 per change $10 per change $20 per change Less than 7 days’ notice $15 per change $15 per change $45 per change Less than 24 hours’ notice $15 per change $15 per change $75 per change
NYC DCWP, Fair Workweek Law in Fast Food: FAQ (9/15/2023), Schedule Change Premium Amounts · official text · source 17
DCWP Fast Food FAQ clopenings
Employers cannot schedule employees to work two shifts over two days with less than 11 hours between shifts when the first shift ends the previous calendar day or spans two calendar days (a “clopening”) unless: […] The employee has an opportunity to decline to work the clopening. The employee consents and puts consent in writing. AND The employer pays the worker a $100 premium per clopening worked.
NYC DCWP, Fair Workweek Law in Fast Food: FAQ (9/15/2023) · official text · source 3
DCWP Retail FAQ 72 hours' notice and cancellations
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.
NYC DCWP, Fair Workweek Law in Retail: FAQ (4/1/2022) · official text · source 2
DCWP Retail FAQ the exceptions
the employee requests time off, for example to use sick leave; employees trade shifts with one another; or the employer closes due to: […] threats to employee safety or employer property public utility failure shutdown of public transportation […] fire, flood, or other natural disaster federal, state, or local state of emergency
NYC DCWP, Fair Workweek Law in Retail: FAQ (4/1/2022) · official text · source 22

How does a system hold these rules?

Part of the Fair Workweek Law is about hours between shifts. This is how hour rules come together in WorkAxle:

  1. Daily and weekly hours, consecutive days and rest between shifts are set up as rules, each with its start date.
  2. While the schedule is built, the platform flags each shift that breaks one of those rules and names the rule. The supervisor decides.
  3. 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 your posts at chain restaurants and stores in the city, and check each against the definitions above115.
  • For guards at fast food sites, check how far ahead their weekly schedule goes out1.
  • Look for close-open pairs with less than 11 hours between shifts at fast food sites3.
  • Check where written consents for added time and clopenings are kept23.

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 or a qualified advisor.

Frequently asked questions

Are security guards covered by NYC's Fair Workweek Law?

At a covered fast food establishment, when they are not salaried: security is among the duties of a fast food employee, and the Department says a security company's guard at fast food restaurants is covered8912. At a retail business with 20 or more employees, the Department says all employees who work in its NYC stores are covered regardless of position or job title, including workers hired through a subcontractor510. The retail rules do not cover employees under a collective bargaining agreement that expressly waives them and addresses scheduling, or staff who work at the corporate office and not in a store1314.

How much notice do NYC fast food workers get?

At covered fast food establishments, those in chains of 30 or more nationally, a regular schedule and 14 days' advance notice of each weekly schedule, covering at least seven days1411.

How much notice do NYC retail workers get?

At retail businesses with 20 or more employees, at least 72 hours before the first shift on the schedule25.

What are the schedule change premiums for NYC fast food?

At covered fast food establishments, those in chains of 30 or more nationally11, from $10 to $75 per change made less than 14 days before the first day on the schedule, depending on the notice and whether hours are added, unchanged or reduced717. DCWP lists four exceptions, among them changes the worker requests or initiates and voluntary shift trades19.

What is the clopening premium in NYC?

At covered fast food establishments, $100 for each clopening worked: two shifts with fewer than 11 hours between them when the first ends the previous calendar day or spans two calendar days, which the worker must request or consent to in writing6.

Can an NYC retail employer cancel a shift?

At retail businesses with 20 or more employees, generally not within 72 hours of its start; in that window, the employer also cannot cut the shift by more than 15 minutes2215. The exceptions include an employee's request for time off, shift trades between employees, and closing for reasons such as a public utility failure or a state of emergency22.

Do NYC fast food workers have to agree to schedule changes?

At covered fast food establishments, those in chains of 30 or more nationally, workers can say no to added hours before they are added111. If a work schedule differs from the regular schedule by more than 15% of weekly hours, the employer must ask for the worker's written consent16.

https://www.workaxle.com/compliance-center/united-states/new-york/new-york-city/fair-workweek

Sources

  1. NYC DCWP, Fair Workweek Law in Fast Food: FAQ (9/15/2023). “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.”https://www.nyc.gov/assets/dca/downloads/pdf/workers/FAQs-FairWorkweek-FastFood.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  2. NYC DCWP, Fair Workweek Law in Retail: FAQ (4/1/2022). “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.”https://www.nyc.gov/assets/dca/downloads/pdf/workers/FAQs-FairWorkweek-Retail.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  3. NYC DCWP, Fair Workweek Law in Fast Food: FAQ (9/15/2023). “Employers cannot schedule employees to work two shifts over two days with less than 11 hours between shifts when the first shift ends the previous calendar day or spans two calendar days (a “clopening”) unless: […] The employee has an opportunity to decline to work the clopening. The employee consents and puts consent in writing. AND The employer pays the worker a $100 premium per clopening worked.”https://www.nyc.gov/assets/dca/downloads/pdf/workers/FAQs-FairWorkweek-FastFood.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  4. NYC Admin. Code § 20-1221(b). “b. A fast food employer shall provide a fast food employee with written notice of a work schedule containing regular shifts and on-call shifts on or before the employee's first day of work. For all subsequent work schedules, the fast food employer shall provide such notice no later than 14 days before the first day of any new schedule. Such work schedule shall span a period of no less than seven days and contain all anticipated regular shifts and on-call shifts that the employee will work or will be required to be available to work during the work schedule.”https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-133713 · New York City law, as published by the City or its code publisher · Verified on November 12, 2026
  5. NYC Admin. Code § 20-1201 (retail employer, retail business, retail employee). “Retail employer. The term "retail employer" means any employer that employs a retail employee at a retail business. The term "retail business" means any entity with 20 or more employees that is engaged primarily in the sale of consumer goods at one or more stores within the city. […] Retail employee. The term "retail employee" means any employee who is employed by a retail employer.”https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-36313 · New York City law, as published by the City or its code publisher · Verified on November 12, 2026
  6. NYC Admin. Code § 20-1231. “§ 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. (L.L. 2017/100, 5/30/2017, eff. 11/26/2017)”https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-36464 · New York City law, as published by the City or its code publisher · Verified on November 12, 2026
  7. NYC Admin. Code § 20-1222(a). “§ 20-1222 Schedule change premium. a. A fast food employer shall provide a fast food employee with the following schedule change premium amount, in addition to the employee's regular pay for shifts actually worked by the employee: 1. With less than 14 days' notice but at least 7 days' notice to the employee, $10 for each change to the work schedule in which: (a) Additional hours or shifts are added pursuant to subdivision d of section 20-1221; or (b) The date or start or end time of a regular shift or on-call shift is changed with no loss of hours; 2. With less than 14 days' notice but at least 7 days' notice to the employee, $20 for each change to the work schedule in which: (a) Hours are subtracted from a regular or on-call shift; or (b) A regular or on-call shift is cancelled; 3. With less than 7 days' notice to the employee, $15 for each change to the work schedule in which: (a) Additional hours or shifts are added pursuant to subdivision d of section 20-1221; or (b) The date or start or end time of a regular or on-call shift is changed with no loss of hours; 4. With less than 7 days' but at least 24 hours' notice to the employee, $45 for each change to the work schedule in which: (a) Hours are subtracted from a regular or on-call shift; or (b) A regular or on-call shift is cancelled; and 5. With less than 24 hours' notice to the employee, $75 for each change to the work schedule in which: (a) Hours are subtracted from a regular or on-call shift; or (b) A regular or on-call shift is cancelled.”https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-133713 · New York City law, as published by the City or its code publisher · Verified on November 12, 2026
  8. NYC 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.”https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-36313 · New York City law, as published by the City or its code publisher · Verified on November 12, 2026
  9. NYC DCWP, Fair Workweek Law in Fast Food: FAQ (9/15/2023). “Even if workers are hired by a subcontractor, temp firm, or another third party to work at a fast food establishment, they are covered by the law as long as they meet the definition of a fast food employee. […] Scenario: Marcia is employed as a security guard by Safer Security. She provides security services to two fast food restaurants and an office building. Is Marcia a fast food employee? Yes. Marcia is considered a fast food employee because she performs security for two fast food restaurants.”https://www.nyc.gov/assets/dca/downloads/pdf/workers/FAQs-FairWorkweek-FastFood.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  10. NYC DCWP, Fair Workweek Law in Retail: FAQ (4/1/2022). “All employees who work in a retail business’ stores in NYC are covered by the law’s protections regardless of position or job title. […] Even if workers are hired by a subcontractor, temp firm, or another third party to work at a retail business, they are covered by the law because they work in or from a retail business store.”https://www.nyc.gov/assets/dca/downloads/pdf/workers/FAQs-FairWorkweek-Retail.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  11. NYC Admin. Code § 20-1201 (fast food establishment). “Fast food establishment. The term "fast food establishment" means any establishment (i) that has as its primary purpose serving food or drink items; (ii) where patrons order or select items and pay before eating and such items may be consumed on the premises, taken out or delivered to the customer's location; (iii) that offers limited service; (iv) that is part of a chain; and (v) that is one of 30 or more establishments nationally, including (A) an integrated enterprise that owns or operates 30 or more such establishments in the aggregate nationally or (B) an establishment operated pursuant to a franchise where the franchisor and the franchisees of such franchisor own or operate 30 or more such establishments in the aggregate nationally. The term "fast food establishment" includes such establishments located within non-fast food establishments.”https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-36313 · New York City law, as published by the City or its code publisher · Verified on November 12, 2026
  12. NYC DCWP, Fair Workweek Law in Fast Food: FAQ (9/15/2023). “Salaried workers who are exempt from overtime requirements under New York State law are not covered by NYC’s Fair Workweek Law.”https://www.nyc.gov/assets/dca/downloads/pdf/workers/FAQs-FairWorkweek-FastFood.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  13. NYC DCWP, Fair Workweek Law in Retail: FAQ (4/1/2022). “employees covered by a collective bargaining agreement in which the rights under the law are expressly waived and employee scheduling is addressed;”https://www.nyc.gov/assets/dca/downloads/pdf/workers/FAQs-FairWorkweek-Retail.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  14. NYC DCWP, Fair Workweek Law in Retail: FAQ (4/1/2022). “employees who work at the corporate office (company headquarters) and not in a retail store.”https://www.nyc.gov/assets/dca/downloads/pdf/workers/FAQs-FairWorkweek-Retail.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  15. NYC DCWP, Fair Workweek Law in Retail: FAQ (4/1/2022). “The law’s protections for retail employees took effect on November 26, 2017. Exception: If a retail worker was covered by a collective bargaining agreement (CBA) that was in effect on November 26, 2017, the worker is covered under NYC’s Fair Workweek Law on the day after the CBA expires.”https://www.nyc.gov/assets/dca/downloads/pdf/workers/FAQs-FairWorkweek-Retail.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  16. NYC DCWP, Fair Workweek Law in Fast Food: FAQ (9/15/2023). “An employer may give an employee a work schedule that is different from the regular schedule, but if the difference in weekly scheduled hours is more than 15% over the whole workweek, the employer must ask for the employee’s written consent to the differences.”https://www.nyc.gov/assets/dca/downloads/pdf/workers/FAQs-FairWorkweek-FastFood.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  17. NYC DCWP, Fair Workweek Law in Fast Food: FAQ (9/15/2023), Schedule Change Premium Amounts. “Schedule Change Premium Amounts Amount of notice (before first date on work schedule) additional hours Rate for Rate if no impact on total hours Rate for reduced hours Less than 14 days’ notice $10 per change $10 per change $20 per change Less than 7 days’ notice $15 per change $15 per change $45 per change Less than 24 hours’ notice $15 per change $15 per change $75 per change”https://www.nyc.gov/assets/dca/downloads/pdf/workers/FAQs-FairWorkweek-FastFood.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  18. NYC DCWP, Fair Workweek Law in Fast Food: FAQ (9/15/2023). “An employee’s consent to a schedule change does not create any exception to the requirement that employers pay a schedule change premium.”https://www.nyc.gov/assets/dca/downloads/pdf/workers/FAQs-FairWorkweek-FastFood.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  19. NYC DCWP, Fair Workweek Law in Fast Food: FAQ (9/15/2023), premium exceptions. “There are four exceptions to the premium pay requirement. 1. Employers are not required to pay premiums for schedule changes if they are unable to operate due to: o o o o o Threats to employees or the employer’s property Failure of a public utility or shutdown of public transportation Fire, flood, or other natural disaster Federal, state, or local state of emergency Severe weather conditions that pose a threat to employee safety […] 2. Employers are not required to pay premiums when workers request or initiate schedule changes. […] For this exception to apply, the employer must keep written documentation with enough information to show the date of the shift and that the employee initiated or requested the change. […] 3. Employers are not required to pay premiums for scheduling changes when employees voluntarily trade shifts with one another. […] 4. Employers are not required to pay premiums for adding time to the work schedule when the employer must pay overtime for the changed shift.”https://www.nyc.gov/assets/dca/downloads/pdf/workers/FAQs-FairWorkweek-FastFood.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  20. NYC DCWP, Fair Workweek Law in Fast Food: FAQ (9/15/2023). “When employers have new shifts available, before advertising for or hiring a new worker, they must notify current workers who have worked at least eight hours within the past 30 days about available shifts at any of their locations in two ways: 1. Post a notice for three consecutive days at workers’ workplaces where workers will see it. AND 2. Provide each worker with information electronically, which may include text or email. […] An employer is only required to offer available shifts to current employees following the law’s access to hours procedures before it hires new employees or if it anticipates hiring new employees.”https://www.nyc.gov/assets/dca/downloads/pdf/workers/FAQs-FairWorkweek-FastFood.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  21. NYC Admin. Code § 20-1251(a). “§ 20-1251 On-call scheduling prohibited. a. Except as otherwise provided by law, it shall be unlawful for a retail or utility safety employer to: 1. Schedule a retail or utility safety employee for any on-call shift; 2. Cancel any regular shift for a retail or utility safety employee within 72 hours of the scheduled start of such shift; 3. Require a retail or utility safety employee to work with fewer than 72 hours' notice, unless the employee consents in writing; or 4. Require a retail or utility safety employee to contact a retail or utility safety employer to confirm whether or not the employee should report for a regular shift fewer than 72 hours before the start of such shift.”https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-128210 · New York City law, as published by the City or its code publisher · Verified on November 12, 2026
  22. NYC DCWP, Fair Workweek Law in Retail: FAQ (4/1/2022). “the employee requests time off, for example to use sick leave; employees trade shifts with one another; or the employer closes due to: […] threats to employee safety or employer property public utility failure shutdown of public transportation […] fire, flood, or other natural disaster federal, state, or local state of emergency”https://www.nyc.gov/assets/dca/downloads/pdf/workers/FAQs-FairWorkweek-Retail.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  23. NYC DCWP, Fair Workweek Law in Retail: FAQ (4/1/2022). “If a worker requests previous schedules, the employer must provide written work schedules for any week worked within the last three (3) years. The employer must provide the schedules within 14 days of the worker’s request.”https://www.nyc.gov/assets/dca/downloads/pdf/workers/FAQs-FairWorkweek-Retail.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  24. NYC DCWP, Fair Workweek Law in Fast Food: FAQ (9/15/2023). “Employers may be subject to fines of $500 per violation per worker for first violations, up to $750 for second violations within a two-year period, and up to $1,000 for subsequent violations.”https://www.nyc.gov/assets/dca/downloads/pdf/workers/FAQs-FairWorkweek-FastFood.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026
  25. NYC Admin. Code § 20-1201 (fast food employer). “Fast food employer. The term "fast food employer" means any employer that employs a fast food employee at a fast food establishment.”https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-36313 · New York City law, as published by the City or its code publisher · Verified on November 12, 2026
  26. NYC DCWP, Fair Workweek Law in Fast Food: FAQ (9/15/2023). “A worker may also be jointly employed by more than one individual or business at the same time. Therefore, all employers involved in the management of fast food workers may have obligations to those workers under NYC’s Fair Workweek Law.”https://www.nyc.gov/assets/dca/downloads/pdf/workers/FAQs-FairWorkweek-FastFood.pdf · Guidance published by the agency that enforces the rule · Verified on November 12, 2026

What changed on this page

  • Page created. Verified against the Administrative Code's Fair Workweek sections and the Department of Consumer and Worker Protection's Fair Workweek guidance.

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