09.15.2016

NEW YORK - Today, Mayor Bill de Blasio announced support for the introduction of “Fair Workweek” legislation to ensure 65,000 hourly employees in the fast food industry receive fair notification on their work hours. The move comes shortly before an expected vote Monday to pass fair scheduling legislation in Seattle, making the city the second in the country to pass such legislation and demonstrating clear momentum for the Fair Workweek movement.

“Too many New Yorkers are being put in untenable situations – taking care of kids and aging parents, and then being forced to deal with an arbitrary schedule at a job where they still don’t always make ends meet,” said Mayor Bill de Blasio. “We’re talking about tens of thousands of fast food workers from all walks of life struggling to juggle everyday tasks. New York City is committed to being a city that does all it can to help people live healthier, more stable lives. Fair Workweek legislation will do just that.”

Fair Workweek legislation is a natural next step for the fast food workers advocacy movement, which started in New York City and has grown both nationally and internationally. The movement started with the Fight for $15 in New York City, which the de Blasio Administration has been a strong advocate of, and quickly spread to over 150 American cities. The movement has a wide spectrum of support due to the deep impact it has on the lives of everyday workers. It is good for labor and businesses alike and has grown into one of the largest labor movements in decades.

"After winning $15, fast food workers are now calling for hours they can count on. Unpredictable hours disrupt our family lives and our ability to participate in our communities. Fast food workers have shown that a better way is possible - and that it takes both wages and hours to get to a paycheck that sustains families. We are proud that Mayor de Blasio is joining working people in leading the way. By standing up and challenging the status quo, we can put in place commonsense standards that are a win-win for families and for the economy,” said the Center for Popular Democracy’s Fair Workweek Initiative Director Carrie Gleason.

Across the country, nearly one in five Americans has an unstable work schedule and about 40 percent of early career workers, defined as workers aged 26-32, have less than one week advance notice of their schedules. This is particularly an issue with fast food workers, whose national average age is 29 and a quarter of whom are parents raising children. Too many of New York City’s 65,000 fast food workers can’t make the necessary arrangements for child care or the care of elderly parents. Unpredictable schedules make it nearly impossible to budget expenses or plan for the future.

In the coming months, Mayor de Blasio will work with members of the City Council, advocates, labor groups and the business community to draft specific legislation to support hardworking, fast food hourly employees who are currently hit hardest by these practices.

Specifically, Fair Workweek legislation would:

• Require fast food employers to schedule a majority of expected shifts and publicly post a workplace schedule two weeks in advance;
• Protect workers by requiring employers to provide additional compensation when workers are required to accommodate last-minute changes to their schedules for reasons within employers’ ability to plan or control;
• Address problems created by the practice of “clopenings,” or shifts that require employees to consecutively work closing and opening shifts with fewer than ten hours between them. 

These measures will give hourly fast food employees more stability and predictability, while preventing employers from deliberately under scheduling workers and forcing them to remain “on call,” a state in which employees do not know if they will be called into work or not. These measures will also allow employers and employees flexibility to adjust schedules when unforeseen issues arise outside of either party’s control.

By knowing their schedules ahead of time, employees will have more certainty over their income and finances, and a greater ability to accommodate extra work if it’s available. Most importantly, this proposal means employees will now have more flexibility: flexibility to take classes, care for their children or work a second job. 

“Fast food workers won the fight for a $15 minimum wage in New York but their fight continues for a union and a voice on the job,” said 32BJ President Hector Figueroa. “When I talk to fast food workers they say that, along with fair pay, fair scheduling is one of the most pressing issues they face. Being able to plan your time, your education, your childcare and your life is something that all working people should be able to do. We’re glad Mayor de Blasio is tackling this important issue that will help tens of thousands of New Yorkers plan their work time and family time. We look forward to working with him and the members of City Council to pass legislation that will lead to a better quality of life and a more powerful voice for these men and women in their workplaces.”

"Fast food companies have long been premised on keeping workers' lives as unpredictable as possible. It is now time that workers be given predictable scheduled with full-time work and a living wage. The mayor and the council are making a big step to make that a reality," said New York Communities for Change Executive Director Jonathan Westin.

Attorney General Eric T. Schneiderman said, “All workers deserve reliable schedules in order to arrange for transportation to work, to accommodate child care needs, and to budget their family finances. I'm proud that my office has secured agreements with eight major retailers to end the practice of on-call scheduling for an estimated 238,000 retail workers nationwide. I applaud Mayor de Blasio and the City Council for launching this initiative today that will help extend similar and important protections to 65,000 fast food workers in New York City. These hard-working families deserve no less."

“Without a stable work schedule, who can build a stable life? Fast food workers should not be subject the whims of shift cancellations and last minute changes to their hours. I'm thrilled that New York City is taking concrete steps toward ensuring that shift workers get the stable, predictable schedules they need for a decent standard of living, and the dignity that all workers deserve,” said Council Member Brad Lander.

Media Contact:

Asya Pikovsky, apikovsky@populardemocracy.org, 207-522-2442

Anita Jain, ajain@populardemocracy.org, 347-636-9761