New York City has secured more than $2.3 million in settlements from four companies including Walgreens for violating worker scheduling and paid time off protections. The city’s Consumer and Worker Protection Agency announced the resolutions Monday, marking significant enforcement action under a controversial fair scheduling law that has drawn national attention.
New York City’s Fair Workweek Law, which took effect in 2017, imposes requirements on retail, food service, and other hospitality employers regarding advance notice of work schedules, predictable scheduling practices, and compensation for schedule changes. The law aims to address unstable scheduling that makes it difficult for workers to manage childcare, transportation, and other personal obligations.
The four companies violated these requirements by failing to provide adequate advance notice of schedule changes, improperly denying paid time off requests, or failing to compensate workers when schedules changed. Each violation can generate significant penalties, encouraging employer compliance.
This enforcement action demonstrates the city’s commitment to aggressive implementation of scheduling protections. Other jurisdictions are watching New York’s approach as a model for potential similar legislation. Employers nationwide with operations in New York must ensure schedules comply with all requirements or face substantial penalties.
Employers report difficulties with:
• Providing adequate advance notice while maintaining operational flexibility
• Tracking and compensating schedule change payments
• Coordinating with union contracts that may have different requirements
• Technology systems to manage scheduling requirements
• Training managers on compliance obligations
• Documenting all schedule-related decisions
Compliance requires operational changes.
Other companies may face similar investigations as the city continues enforcement efforts. Additional municipalities have considered or adopted fair scheduling laws. Employers with multistate operations must navigate this patchwork of local requirements. Legal challenges to scheduling laws continue in various jurisdictions, though courts have generally upheld such requirements.
For further details, please contact the lawyers at Tobia & Lovelace Esq., LLC at 201-638-0990.