Reminder: NYC Law Ending At-Will Employment for Fast-Food Industry Takes Effect July 4 | Seyfarth Shaw LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
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Mayor Bill de Blasio recently signed two bills, Int. No. 1415-A and Int. No. 1396-A, into law (collectively, the “Laws” or “Law”) that will have a dramatic impact on fast-food employment. Effective July 4, 2021, the Laws will subject covered
[1] New York City fast-food restaurant employers to sweeping new obligations that will grant their employees rights and protections typically possessed only by employees covered by a collective bargaining agreement with a union.
In effect, the Laws, which were championed by the Service Employees International Union, grant union-style protections to fast-food employees, prohibiting fast-food employers from terminating or cutting employees’ hours without just cause, and will require employers that lay off employees due to bona fide economic reasons to do so in order of seniority. Such seniority rights are a hallmark of collective bargaining agreements. The Laws will also requ
Wednesday, January 6, 2021
On January 5, 2021, New York City Mayor Bill de Blasio signed into law two pieces of legislation passed by the
New York City Council, Int. No. 1415-A and Int. No 1396-A, that, when effective in early July 2021, will impose significant obligations on covered New York City fast food industry employers and potentially will pave the way for a great overhaul of the at-will employment system that has long-defined the employer-employee relationship in New York State and New York City.
As detailed below, these bills, which have been pushed by organized labor, expand
New York City’s Fair Workweek Law to provide “Just Cause” protection from discharge and significant reductions in hours for fast food employees, require employers to engage in seniority-based reductions and rehiring if staff reductions are due to bona fide economic reasons, and provide for a private right of action. “A strong, fair recovery starts with protecting working peo
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The New York City Council just passed two bills (Int. 1396-A and 1415-A) that limit when a fast food employer can discharge fast food employees, only permitting terminations for “just cause” or for a “bona fide economic reason” – both of which the employer must prove if challenged. The new law, passed on December 17, turns fast food workplaces into de facto unionized environments, with “fast food employees” in New York City having workplace protections equal to – and in some ways, greater than – employees who are represented by a union. This should not be surprising given one of the major proponents of this legislation was 32BJ SEIU, one of New York City’s largest service unions. The new law tacks on and add new sections to the previously passed Fair Workweek Law (the FWW), utilizing the same definitions under the FWW and building upon the enforcement mechanisms provided to New York City’s Department
The
New York City Council has passed two bills, Int. No. 1415-A and Int. No 1396-A, that, when enacted and effective, will impose significant obligations on covered New York City fast food industry employers.
These bills would expand
New York City’s Fair Workweek Law to provide “Just Cause” protection from discharge and significant reductions in hours for fast food employees, require employers to engage in seniority-based reductions and rehiring if staff reductions are due to bona fide economic reasons, and provide for a private right of action. Mayor Bill de Blasio has described the bills as a “big victory for job stability and dignity” and is expected to sign the legislation. These bills would take effect 180 days after becoming law. When enacted, this legislation potentially will pave the way for a great overhaul of the at-will employment system that has long-defined the employer-employee relationship in New York State and New York City.