NYC Settlement Secures $250,000 for McDonald’s Workers

New York, NY- Department of Consumer and Worker Protection (DCWP) has reached a settlement with a McDonald’s franchisee, located in East New York, to resolve violations of the NYC Fair Workweek and Paid Safe and Sick Leave laws.

“Brooklyn is home to thousands of hard-working fast food workers who deserve predictable schedules, guaranteed shifts, and time off if they or a loved one is sick,” said Department of Consumer and Worker Protection Commissioner Peter A. Hatch. “New York City’s Fair Workweek Law and Paid Safe and Sick Leave Law guarantee these rights. When employers violate them, we will fight for workers.”

DCWP’s investigation revealed that the McDonald’s restaurant failed to provide schedules to employees two weeks in advance, required employees to work late without their consent, failed to pay employees premium pay for schedule changes, and denied employees the right to pick up more regularly-scheduled shifts to earn more income. The investigation also found that the restaurant did not provide paid sick leave to its workers and illegally retaliated against employees when they took sick leave by firing them.

The settlement the franchisee to pay $250,000 to100 workers an $25,000 in civil penalties. In addition to restitution and penalties, the settlement requires the franchisee to comply with the Fair Workweek and Paid Safe and Sick Leave laws going forward, including adopting internal compliance policies and procedures, training managers and supervisors, displaying educational posters about the laws, conducting regular self-audits, and appointing internal compliance officers who monitor and report on compliance.

Under the Fair Workweek Law, which went into effect in November 2017, fast food employers in New York City must also give workers regular predictable schedules, two weeks’ advance notice of their work schedules covering specific dates, premium pay of between $10-$75 for schedule changes, and the opportunity to work newly available shifts before hiring new workers. Fast food employers also cannot schedule workers for a morning shift the day after a night shift unless workers consent in writing and are paid a $100 premium to work the shift. Similarly, fast food employers must obtain workers’ written consent before adding any time to their work schedules with less than two weeks’ notice and may not penalize them for declining to work. Under the Law, retail employers must also give workers advanced notice of work schedules and may not schedule workers for on-call shifts or change workers’ schedules with inadequate notice.

Fast food employers must post the new NYC Fast Food Workers’ Rights Notice in English and any language that is the primary language of at least five percent of the workers if available on the DCWP website. Employers and employees can visit nyc.gov/workers or call 311 (212-NEW-YORK outside NYC) for the new Notice, which is available in 16 languages, as well as an overview of the law, information about the required progressive discipline policy, templates, and FAQs about the law.

NYC Department of Consumer and Worker Protection (DCWP) protects and enhances the daily economic lives of New Yorkers to create thriving communities. DCWP licenses more than 59,000 businesses in more than 50 industries and enforces key consumer protection, licensing, and workplace laws that apply to countless more. By supporting businesses through equitable enforcement and access to resources and, by helping to resolve complaints, DCWP protects the marketplace from predatory practices and strives to create a culture of compliance. Through its community outreach and the work of its offices of Financial Empowerment and Labor Policy & Standards, DCWP empowers consumers and working families by providing the tools and resources they need to be educated consumers and to achieve financial health and work-life balance. DCWP also conducts research and advocates for public policy that furthers its work to support New York City’s communities. For more information about DCWP and its work, call 311 or visit DCWP at nyc.gov/dcwp or on its social media sites, Twitter, Facebook, Instagram and YouTube.