§ 7-622.
RCNY § 7-622
3.If the employer has not provided the employee a regular schedule, in violation of § 20-1221(a) of the Fair Workweek Law, and also has not provided the employee a work schedule at least 14 days before the first day of a work week, in violation of § 20-1221(b) of the Fair Workweek Law, then the employer must pay the employee a schedule change premium for each regular shift or on-call shift that it subsequently adds to the work schedule for that work week. Example 1: Brandon's regular schedule provides that he works on Mondays, Tuesdays, Wednesdays, and Saturdays from 6:00 a.m. to 2:00 p.m. His employer's workweek begins on Monday, November 22. The deadline to post the work schedule is 12:00 a.m. on Monday, November 8 (14 days before November 22). The employer posts and electronically transmits the work schedule for the work week beginning November 22 on Tuesday, November 9 at 5:00 p.m. The work schedule matches the regular schedule, except Brandon is scheduled to start work at 9:00 a.m. on Tuesday, November 23. The fast food employer owes Brandon a $20 schedule change premium for the subtraction of hours. Example 2: A fast food employer has never given Jimmy a regular schedule. The fast food employer usually posts the work schedule each week six days before the first day on the schedule, on which Jimmy is unpredictably scheduled to work anywhere from two to six shifts per week. The fast food employer owes Jimmy a schedule change premium of $15 for each shift on each of Jimmy's work schedules, in addition to other relief as set forth in the Fair Workweek Law.
(k)For any pay period in which a fast food employee was paid schedule change premiums, the number of schedule change premiums paid and each premium amount must be included on the wage stub or other written documentation provided to the employee. (Added City Record 5/24/2022, eff. 6/23/2022)
