§ 7-606 Consent.
RCNY § 7-606
(a)When an employer must seek an employee's written consent as set forth in the Fair Workweek Law §§ 20-1221(a) (consent for reduction of hours in regular schedule), 20-1221(d) (consent to work or be available to work for additional hours), 20-1231 (consent to work a clopening), and 20-1251(a)(3) (retail or utility safety employee's consent to work with fewer than 72 hours' notice), the employee must have a meaningful opportunity to decline, free from any interference, coercion, or risk of adverse action from the employer. The record of such employee's written consent must show that the employer obtained it in advance and must reference a specific schedule change or shift; general or ongoing consent is insufficient to meet this requirement. If an employer cannot obtain an employee's written consent before the additional time begins, such as when the schedule change involves an unscheduled addition of time at the end of a shift, the employee's written consent must be obtained no later than 15 minutes after the employee begins to work additional time.
(b)An employer is not required to obtain or maintain a written record of an employee's choice to decline to give consent as set forth in §§ 20-1221(a), 20-1221(d), 20-1231, and 20-1251(a)(3) of the Fair Workweek Law. (Added City Record 11/28/2017, eff. 11/28/2017; amended City Record 5/24/2022, eff. 6/23/2022)
