On July 18, 2018, New York City’s temporary scheduling provisions of the New York City Fair Workweek Law went into effect. As a reminder, this law requires covered employers to grant employees a maximum of two temporary work schedule changes per calendar year for qualifying personal events. Also, the law prohibits employers from retaliating against employees who exercise these rights and does not permit employees to waive these rights. To assist employers and workers in understanding the new law and its requirements, the New York City Department of Consumer Affairs (DCA) Office of Labor Policy & Standards released a mandatory posting, Frequently Asked Questions, and an overview as guidance on the temporary schedule change provisions of the law.
Pursuant to the mandatory posting requirement, covered employers must post the “You Have a Right to Temporary Changes to Your Work Schedule” notice where employees can easily see it at each NYC workplace. This poster should be printed on and scaled to fit 11 inch by 17 inch paper and must be printed in English as well as any language that is the primary language of at least 5 percent of the workers at the workplace. Covered employers must also retain records documenting compliance with the requirements of the Temporary Schedule Change Law for a period of three years, unless another law requires the records be maintained for a longer period.
Employers should certainly take the time to review the posting requirements, FAQs and the additional guidance from the DCA to ensure compliance with this law. Reed Smith’s experienced Labor & Employment Group is ready to address any of your questions or concerns. For more information regarding this law and the accompanying guidance, please contact your Reed Smith attorney.