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Enforcement of New York City Fair Workweek Law

Written by Lia Coniglio, Esq., and Mavanee Anderson, Esq. | May 13, 2021 7:12:20 PM

New York City’s Department of Consumer and Worker Protection (DCWP) continues rigorous enforcement of the city’s Fair Workweek Law. A state appellate court recently upheld the law [Int’l Franchise Ass’n v. New York, Index No. 655987/18 (N.Y. App. Div., 4-20-21)].

After the court ruling, the DCWP filed an administrative complaint against Chipotle Mexican Grill alleging the company owes more than $151 million to workers because of scheduling-related violations. The DCWP claims the company maintained the type of irregular scheduling system the law was meant to prevent and failed to provide good faith schedule estimates to employees.

The DCWP has highlighted its efforts to crack down on predictive scheduling violations in its annual report on workers’ rights and a recent DCWP press release that says it has secured $14.35 million in restitution and fines for 28,914 workers from resolutions in cases against companies for violations of the city’s workplace laws, including the Fair Workweek Law.

Interested in more state and local payroll coverage? APA’s PayState Update eNewsletter is perfect for you.

Lia Coniglio, Esq., is Managing Editor of PayState Update and Manager of State Payroll Information Resources for the APA.

Mavanee Anderson, Esq., is an Editor of PayState Update and an Editor of Payroll Information Resources for APA.