§ 7-626 Progressive Discipline.
RCNY § 7-626
(a)A fast food employer must maintain a written policy on progressive discipline that meets or exceeds the requirements of the Fair Workweek Law and this subchapter and must follow such written policy, except in cases of egregious failure by the fast food employee to perform their job duties or in cases of egregious misconduct. A fast food employer's progressive discipline policy must include either the accrual of disciplinary points, strikes, or some comparable system of graduated discipline for subsequent infractions.
(b)A fast food employer must inform a fast food employee to whom progressive discipline is being applied in writing of the conduct for which the fast food employee is being disciplined and the consequence, if any, and must give the fast food employee an opportunity to respond.
(c)A fast food employer must distribute its written policy on progressive discipline to fast food employees by a method that reasonably ensures personal receipt upon commencement of employment, within 14 calendar days of the effective date of any changes to the policy, and upon request by the fast food employee.
(d)Upon request by a fast food employee, a fast food employer must provide the fast food employee with a copy of any discipline issued to the employee within the previous 365 days.
(e)If an employer issues a regular schedule or work schedule that violates a provision of the Fair Workweek Law, the fast food employer may not discipline or discharge the employee based on the employee's noncompliance with the portions of the that regular schedule or work schedule that violate the Fair Workweek Law. (Added City Record 5/24/2022, eff. 6/23/2022)
