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New York City Fair Workweek retail pay rate

Deputy Help
  • Updated
Note: From October 1st, we're introducing new plans that better reflect how our customers use Deputy: Lite, Core, and Pro. If you're an existing customer, look out for an email soon with all the details you’ll need. Learn more about the new plans and what this change means for you.

Background information

This guide outlines key information to keep in mind when you are using Deputy and inputting and reviewing the time and attendance of your employees under the New York City Fair Workweek law for Retail.

You can find more information about this law here:

Please also read Setting up New York City Fair Workweek Retail.

While Deputy’s Pay Rule Engine, including this pay rate, is designed to Simplify Shift Work by reducing the time required to apply the relevant Legal Requirements through automation, it is not a substitute for payroll or legal advice, nor is it intended to relieve you of your obligation to comply with the Legal Requirements applicable to your business. It is ultimately each customer’s sole responsibility to pay its employees correctly and in compliance with all Legal Requirements.

Please review our Product Specific Terms for more information about your compliance responsibilities.

 

Important things to note before using this pay rate

  • If you do not see a pay rate listed in the tables below, then it is not included in the software at this time. Depending on your Deputy plan, you can use the Pay Rate Builder to make a custom pay rate.
  • Public Holidays: Customers who wish to use a Public Holiday pay rule must designate a day as a Public Holiday on the Deputy schedule.
  • Time and attendance only customers: Please note that if you do not use Deputy for scheduling purposes, this pay condition will not function properly. Specifically, this pay condition contains pay rates for working on a scheduled day off. If an employee logs time in Deputy on a day they were not scheduled, this pay rate will be reported on the employee's timesheet as working on a scheduled day off, which may incur premium pay or a minimum shift payment. We encourage customers who intend to use this pay condition to move to one of our new Deputy plans, which includes employee scheduling.
  • Recalculate approved timesheets is recommended to be set to Recalculate all approved timesheets for this pay rate. This can be accessed through Business Settings → Time & attendance.
  • Change of shift premiums multiple times - If a published shift is changed and republished multiple times, multiple of the same or different premiums will apply.
  • Custom Timesheet fields: the following custom timesheet fields will be automatically added to your account:
    • Unscheduled Shift (consent shift)
    • Unscheduled Shift (consent hours)
    • Early In
    • Late In
    • Late Out
    • Early Out
    • Agreed to Extend Shift
  • Changing pay rate export Codes from default: Currently, the export codes on the pay rates below are set to Deputy default for all accounts. To change the export codes to match your payroll system please read Edit timesheet export codes.
  • In cases where both Spread of Hours and Split Shifts are triggered, both will appear. One should be manually removed in this cases.
  • Reporting Time, where an employee who reports to work for their scheduled shift and is not provided work or is sent home early, is not calculated automatically with this pay rate currently. This should be added manually.

 

Pay rates for New York City Retail

Pay rate name Trigger Payment

Ordinary

All times

1x Employee Base Rate

Public Holiday

Time worked is on a day designated as a Public Holiday

1.50 x Employee Base Rate

Period Overtime

Over 40 hours worked in the week (or applicable multiple for period)

1.50 x Employee Base Rate

Spread of Hours

 Triggers if there are more than 10 hours before the start time and end time in a day, inclusive of meal and rest breaks and time between split shifts.

1 unit at a rate to be specified by the customer (legal minimum wage.)

Split Shift Premium

When a day has two shifts separated by more than 1 hour, not including breaks

1 unit at a rate to be specified by the customer (legal minimum wage.)

 

Setting the work period

The work period can be adjusted by changing the employee's agreed hours.

For more on how to do this, see these help articles:

 Used for team members who have an agreement in place to work regular days or hours
Used for team members who have agreed to work a total number of hours over a set time period

 

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