The New York City Fair Workweek Law was initially enacted in 2017 to expand wage and hour protections for employees working at fast food businesses. On December 17, 2020, the City Council amended the Fair Workweek Law by enacting the Wrongful Discharge Law. The Wrongful Discharge Law was signed by then-Mayor Bill DiBlasio and its provisions went into effect on July 4, 2021. N.Y.C. Admin. Code §§ 20-1271 to 20-1275. The Wrongful Discharge Law prohibits employers governed by the Fair Workweek Law from firing hourly wage employees in the fast food business without notice or reason in the absence of egregious misconduct and provides those employees with the option to arbitrate claims of alleged violations of the law.
So, What Is New?
As explained below, a federal court in New York has upheld the constitutionality of the law, and fast food employers need to be prepared for its requirements.
But First, What Are the Provisions of the Law?
The Just Cause Provision
The Just Cause Provision states that a “fast food employer shall not discharge a fast food employee who has completed such employer’s probation period (not to exceed 30 days) except for just cause or for a bona fide economic reason.” N.Y.C Admin. Code § 20-1272(a).
A discharge is defined as “any cessation of employment, including layoff, termination, constructive discharge, reduction in hours, and indefinite suspension.” N.Y.C Admin. Code § 20-1271. A reduction in hours “means a reduction in a fast food employee’s...
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