Fair Workweek Law Promises Significant Changes to Employment Practices

On December 20, 2018, Mayor Jim Kenney signed into law the Fair Workweek Employment Standards Ordinance. Set to take effect on January 1, 2020, the law requires employers in the retail, hospitality, and food industries with 250 or more employees and 30 or more locations nationally to implement considerable changes in shift-scheduling—or face penalties and potential litigation. This blog provides a brief overview of the new law. Starting in 2020, employers must provide new employees with a written, good-faith estimate of their work schedules, which must contain (i) the average number of work hours the employee can expect to work each week over a typical 90-day period, (ii) whether the employee can expect to work any on-call shifts, and (iii) a subset of days and times or shifts that the employee can generally expect to work. Although this estimate does not rise to the level of a contract, the failure to act in good faith in making this estimate would be a violation.…

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