Predictive Scheduling For Fast Food Workers In New York

On May 30, 2017, New York City Mayor Bill de Blasio signed legislation to implement predictive scheduling for non-salaried fast food employees in New York City. This law requires that employers post a worker’s schedule 14 days in advance. If a schedule is changed with less than 14 days notice, an employer must pay a premium. This creates a private right of action for employees with his or her employer. The legislation will take effect in 180 days.

What employers must understand about predictive scheduling legislation:

  • It requires that an employer provide at least 14 days notice to an employee regarding his or her scheduled shift.
  • It requires that an employer provide at least 14 days notice to an employee regarding any changes that are made to his or her schedule. This includes any shift reductions, on-call adjustments, or any other adjustments to an employee’s shift schedule for a particular workday.

Predictive scheduling benefits employees by providing them with consistency in his or her work schedule, as well as providing notice of their schedule in order to plan for future occurrences. This allows an employee to prepare ahead of time for things such as childcare or school. While predictive scheduling is very beneficial to employees, it may have an adverse effect on a businesses’ ability to remain flexible.

It is imperative that employers pay close attention to all legislation in order to remain compliant with the ever-changing rules and regulations that may be impressed upon businesses. While the new legislation does not take effect for 180 days, it is important to get a head start in order to combat some of the challenges that may arise in complying with the the new law.

If you have concerns regarding employment law issues, contact the New York employment law attorney Steven Mitchell Sack to protect your rights. Call Steven Mitchell Sack, “The Employee’s Lawyer,” at (917) 371-8000 or email him at

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