New York City Fair Workweek Law: what employers must do
New York · effective since 2017 · covers Fast food, retail
The short version
NYC requires covered fast-food employers to post schedules 14 days in advance with a $10–$75 premium for later changes; retail employers get 72-hour notice, banned on-call shifts, and no last-minute cancellations.
Below: the advance-notice window, predictability-pay formula, access-to-hours rule, coverage threshold and penalties — each with a dated source.
Not sure these apply to your business? Run the free coverage checker →
The five obligations
Advance schedule notice · 14 days (fast food); 72 hours (retail)
Fast-food employers must give each worker a written schedule at least 14 days before the first shift. Retail employers must post the schedule at least 72 hours in advance and may not require on-call shifts or cancel a shift with under 72 hours' notice.
Predictability pay · $10–$75 per change (fast food)
When a fast-food employer changes a posted schedule with less than 14 days' notice, the worker is owed a 'schedule change premium' of $10 to $75 per change — the amount rises as notice shrinks (14 days, 7 days, 24 hours) and depends on whether hours were added, kept, or cut. Retail has no premium but instead bars on-call scheduling and short-notice cancellation outright.
Access to hours · Yes — offer open shifts to staff first
Before hiring new employees or using a staffing agency, fast-food employers must first offer newly available shifts to current employees (the 'access to hours' rule).
Who is covered · Fast food: 30+ locations nationally · retail: 20+ employees
Covers fast-food chains with 30 or more establishments nationally, and retail employers with 20 or more employees in New York City.
Penalties for non-compliance · $500 / $750 / $1,000 per violation
For retail violations, civil penalties run $500 for a first violation, up to $750 for a second within two years, and up to $1,000 for subsequent violations — assessed per affected worker. Fast-food premiums are owed directly to the employee in addition to any penalty.
Rest between shifts / “clopening”
No 'clopening': a fast-food employer may not schedule shifts less than 11 hours apart without the worker's written consent plus a $100 premium.
The part the vendor guides bury
The fast-food and retail rules are two different regimes under one 'Fair Workweek' package — the 14-day notice and predictability premium apply to fast food, while retail gets 72-hour notice and an on-call ban instead. Mixing them up is the most common employer error.
Building the schedule this applies to?
Lay out the rota first with our free, no-signup employee schedule maker or a weekly schedule template — then post it inside New York City's advance-notice window so you never owe predictability pay.
Frequently asked questions
How far in advance must employers post schedules in New York City?
Fast-food employers must give each worker a written schedule at least 14 days before the first shift. Retail employers must post the schedule at least 72 hours in advance and may not require on-call shifts or cancel a shift with under 72 hours' notice.
What is predictability pay in New York City?
When a fast-food employer changes a posted schedule with less than 14 days' notice, the worker is owed a 'schedule change premium' of $10 to $75 per change — the amount rises as notice shrinks (14 days, 7 days, 24 hours) and depends on whether hours were added, kept, or cut. Retail has no premium but instead bars on-call scheduling and short-notice cancellation outright.
Which employers does the New York City fair workweek law cover?
Covers fast-food chains with 30 or more establishments nationally, and retail employers with 20 or more employees in New York City.
What are the penalties for violating the New York City fair workweek law?
For retail violations, civil penalties run $500 for a first violation, up to $750 for a second within two years, and up to $1,000 for subsequent violations — assessed per affected worker. Fast-food premiums are owed directly to the employee in addition to any penalty.
Sources
https://www.nyc.gov/site/dca/businesses/fair-workweek-retail-employers.page
https://www.nyc.gov/site/dca/businesses/fairworkweek-deductions-laws-employers.page
https://econone.com/resources/blogs/violation-new-york-citys-fair-workweek-law/
This page is cited public information, not legal or compliance advice. Whether the New York City fair workweek law applies to you depends on your industry, headcount and locations, and the ordinance changes. Always confirm current obligations with the jurisdiction before posting schedules.