Please note that businesses are responsible for knowing and complying with current labor laws. The information here is not legal advice, and Deputy is not responsible for your organization's compliance. For complete details of these laws, click here.

Covered Employers

Retailers with 20 or more employees in New York City that are primarily engaged in selling consumer goods.

Covered Employees

All employees of covered NYC retailers. There is no exception for supervisors or managers.

Overview of Fair Workweek Requirements

Under the Fair Workweek ordinance, retail employees have the right to:

  1. 72 hours advance notice of work schedule
  2. No on-call shifts
  3. No additions to work schedule with less than 72 hours' notice unless employee consents in writing
  4. No reductions in hours or cancellations of scheduled shifts

72 Hours’ Advance Notice of Work Schedule

Retail employers must give employees their written work schedule at least 72 hours before the start of the schedule, and the schedule must cover at least 7 days. The schedule must be posted in the workplace, and may also be sent electronically to employees (within an app, by text, or by email). Employers must also post the schedule at the workplace where all workers can see it. This schedule must include dates, shift start and end times, and location(s) of all shifts in the work schedule. If the schedule is changed, employers must update and repost the schedule and contact all affected workers.

How Deputy Accommodates

Publishing Schedules

When you publish your schedule, you will be presented with ways to notify workers, including email and push notification. Once published, employees can see their schedules in a compliant way in their Deputy app, or at deputy.com

 

Printing Schedules

Print your schedule anytime by clicking Export, as shown below. You can print by area, or by employee.

 

Changing Schedules

If the schedule needs to be changed, publishing updates only will ensure that only the workers whose schedule has changed are notified of their new or changed shifts.

 

Shift History

All changes to shifts are recorded in the Shift History. When you double-click or edit a shift, look for Shift Actions at the bottom. 

 

No On-call Shifts

On-call shifts are banned for retail employees. That means employers cannot require workers to be ready and available to work at any time the employer demands, regardless of whether workers actually work or report to work. Employers also cannot require workers to “check in” within 72 hours of a scheduled shift to find out if they are responsible for the shift.

How Deputy Accommodates

When configured for New York Fair Work Week, Deputy will not allow workers to clock in for an unscheduled shift.

No Shift Additions with Less than 72 Hours Notice

Employees cannot be required to work an additional shift with less than 72 hours' notice. If a retail employer wants to add time to a shift or add a new shift to a schedule with less than 72 hours before the shift start time, workers have the right to accept or decline the change.  Consent must be in writing (e.g., text message, scheduling app, e-mail, or handwritten note). Employers are allowed to require employees to work an additional shift if they provide notice of the additional shift at least 72 hours before the start of the shift.

How Deputy Accommodates

Deputy does not block new shifts within this period.

No Shift Cancellations with Less than 72 Hours Notice

Retail employers may not cut or cancel a shift less than 72 hours before the start of the shift.  This includes sending employees home early after they report to work for a scheduled shift.  The Fair Workweek ordinance contains exceptions to this rule.  A retail employer need not provide 72 hours' notice for a shift cancelation in the following circumstances: threats to worker safety or employer property, public utility failure, shutdown of public transportation, fire, flood, or other natural disaster, or a government-declared state of emergency. However, workers may trade shifts voluntarily.

How Deputy Accommodates

Deputy does not block deleting shifts within this period.

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