What Is the NYC Fair Workweek Law?
New York City's Fair Workweek Law requires certain employers to provide workers with predictable, stable schedules — and to compensate workers when those standards aren't met. The law covers two main groups of workers, each with distinct protections.
🍔 Fast Food Workers
- Written schedule at least 14 days in advance
- Premium pay for any schedule changes with less than 14 days notice
- Right to rest between a closing and opening shift (or extra pay)
- New hours must be offered to existing workers before hiring
- No retaliation for exercising your rights
🛍️ Retail Workers
- Written schedule at least 72 hours in advance
- No on-call scheduling allowed
- No shift cancellations with less than 72 hours notice
- Workers cannot be required to find their own coverage
- Workers can voluntarily swap shifts without employer penalty
Not sure if you're covered? If you work at a fast food chain or retail store in NYC, there's a good chance this law applies to you. A free consultation is the fastest way to find out.
What Is "Premium Pay" — And How Much Could You Be Owed?
For fast food workers, when an employer makes a schedule change with less than the required advance notice, they may owe extra "premium pay" on top of regular wages. The less notice given, the more the premium. Here's how it generally works:
Fast Food Schedule Change Premiums (Per Shift)
Change made with less than 14 days notice
Change made with less than 7 days notice
Change made with less than 72 hours notice
Change made with less than 24 hours notice
Premium pay amounts are based on general NYC Fair Workweek Law guidelines. Actual amounts may vary based on the type of change and your specific circumstances.
These premiums apply per shift change. If your employer routinely changed your schedule — which is common in fast food — those amounts can add up to hundreds or thousands of dollars in unpaid compensation over time.
Could Your Employer Be Violating the Law?
Common Fair Workweek violations include:
- Posting your schedule with less than 14 days notice (fast food) or 72 hours notice (retail)
- Requiring you to be "on call" without a set schedule
- Canceling or changing your shift without proper notice and without paying the premium
- Adding shifts to your schedule at the last minute
- Scheduling you for a closing shift immediately followed by an opening shift ("clopening") without your written consent or extra pay
- Offering new hours to outside hires before giving existing employees the chance to take them
- Retaliating against you for complaining about schedule violations
- Not providing you with a written copy of your work schedule
Retaliation is prohibited. If your employer cut your hours, changed your schedule punitively, or threatened you for asserting your Fair Workweek rights, that may be its own separate violation — and you may be entitled to additional relief.
Who Is Covered?
You may be covered if:
- You work (or worked) at a fast food establishment in NYC that is part of a chain with 30 or more locations nationally
- You work (or worked) at a retail business in NYC with 20 or more employees
- You work full-time, part-time, or on a per-shift basis
- You experienced schedule changes, on-call shifts, or last-minute cancellations
You may still be able to file a claim even if you no longer work at the job — the statute of limitations allows claims going back a certain period of time. An attorney can help you understand how far back your claim may reach.
What You May Be Able to Recover
Premium Pay
Per ViolationEach improper schedule change may entitle you to additional premium pay on top of your regular wages
Back Pay
Unpaid WagesCompensation you should have received for shifts changed, canceled, or added without proper notice
Damages
Additional ReliefAdditional civil penalties and damages may be available depending on the nature and frequency of violations
Attorney's Fees
Paid by EmployerIn many cases the employer pays legal costs — so you pay nothing out of pocket to pursue your claim
Why LawyerForWorkers.com
Attorney Mohammed Gangat and the team at LawyerForWorkers.com focus exclusively on protecting the rights of New York workers. We handle Fair Workweek claims for fast food and retail workers across NYC — and we fight to recover everything you're owed.
- Free consultation — no obligation, no pressure
- No upfront costs or fees, ever
- Contingency fee basis — you pay only if we win
- We handle everything: filings, negotiations, and legal proceedings
- We accept cases for current and former employees
Even if you only experienced a handful of schedule violations, it's worth finding out what you may be owed. Premiums add up fast.
📞 Call (833) 729-3247Free Case Evaluation
Tell us about your situation and we'll evaluate whether you may have a Fair Workweek claim. This form is completely confidential.