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What is NYC AC § 20-1310?

Quick Answer

This section clarifies that the chapter does not interfere with existing laws that protect fast food employees and prohibits deductions or remittances to labor organizations. The statute mandates the department to create rules to ensure compliance with labor laws. Applies to fast food employers and employees.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 20-1310 Application; exclusion of labor organizations.

AC § 20-1310

a. This chapter does not discourage, prohibit, preempt or displace any law, regulation, rule, requirement, written policy or standard that is at least as protective of a fast food employee as the requirements of this chapter. b. This chapter does not authorize deductions prohibited by section 193 of the labor law or remittances to labor organizations. For purposes of this subdivision, the term "labor organization shall mean: 1. A "labor organization" as defined in subdivision 5 of section 701 of the labor law; 2. An "employee organization" as defined in subdivision 5 of section 201 of the civil service law; or 3. A "labor organization" within the meaning of subsection (5) of 29 U.S.C. § 152, which defines a labor organization as "any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work," as such definition is interpreted by the national labor relations board. c. The department shall promulgate rules necessary to ensure that this law will be applied in a manner consistent with federal or state labor law and will not affect the relationship among workers or employees and employers, and the entities described in subdivision b, except as specifically provided in this chapter. (L.L. 2017/098, 5/30/2017, eff. 11/26/2017; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2017/098 and L.L. 2020/080.

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