§ 20-1222 Schedule change premium.
AC § 20-1222
a. A fast food employer shall provide a fast food employee with the following schedule change premium amount, in addition to the employee's regular pay for shifts actually worked by the employee: 1. With less than 14 days' notice but at least 7 days' notice to the employee, $10 for each change to the work schedule in which: (a) Additional hours or shifts are added pursuant to subdivision d of section 20-1221; or (b) The date or start or end time of a regular shift or on-call shift is changed with no loss of hours; 2. With less than 14 days' notice but at least 7 days' notice to the employee, $20 for each change to the work schedule in which: (a) Hours are subtracted from a regular or on-call shift; or (b) A regular or on-call shift is cancelled; 3. With less than 7 days' notice to the employee, $15 for each change to the work schedule in which: (a) Additional hours or shifts are added pursuant to subdivision d of section 20-1221; or (b) The date or start or end time of a regular or on-call shift is changed with no loss of hours; 4. With less than 7 days' but at least 24 hours' notice to the employee, $45 for each change to the work schedule in which: (a) Hours are subtracted from a regular or on-call shift; or (b) A regular or on-call shift is cancelled; and 5. With less than 24 hours' notice to the employee, $75 for each change to the work schedule in which: (a) Hours are subtracted from a regular or on-call shift; or (b) A regular or on-call shift is cancelled. b. A fast food employer shall pay the schedule change premiums required under this subchapter at such time as the employer pays an employee wages owed for work performed during that work week. Schedule change premium pay shall be separately noted on a wage stub or other form of written documentation and provided to the employee for that pay period. c. Notwithstanding subdivisions a and b of this section, a fast food employer is not required to provide a fast food employee with the amounts set forth in such subdivisions in the event that: 1. The employer's operations cannot begin or continue due to: (a) Threats to the employees or the employer's property; (b) The failure of a public utility or the shutdown of public transportation; (c) A fire, flood or other natural disaster; (d) A state of emergency declared by the president of the United States, governor of the state of New York, or mayor of the city; or (e) Severe weather conditions that pose a threat to employee safety, although where a fast food employer adds shifts to an employee's schedule to cover for or replace another employee who cannot safely travel to work, such employer shall provide the replacing or covering employee with the amounts set forth in subdivision a of this section; 2. The employee requested in writing a change in schedule; 3. Two employees voluntarily traded shifts with one another, subject to any existing employer policy regarding required conditions for employees to exchange shifts; or 4. The employer is required to pay the employee overtime pay for a changed shift. (L.L. 2017/107, 5/30/2017, eff. 11/26/2017)
