DCWP enforces NYC’s Fair Workweek Law. The law covers workers regardless of immigration status. Employers cannot punish, penalize, retaliate, or take any action against employees that might stop or deter them from exercising their rights under the law.
DCWP will be updating materials to reflect expanded protections for fast food workers, which took effect on July 4, 2021. Please continue to monitor this page.
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Vaccination Requirement in the Key to NYC Program
On August 16, 2021, Mayor Bill de Blasio issued Emergency Executive Order 225, which established the Key to NYC Program, to combat the spread of the delta variant of COVID-19 in New York City and to protect the health and safety of individuals in certain indoor settings. Among other things, Key to NYC requires covered food service establishments—including fast food restaurants—to not allow employees indoors without proof of vaccination against COVID-19. The Executive Order has been extended by subsequent Emergency Executive Orders, with some revisions, and will likely be extended every five days until COVID-19 infection rates improve.
How the Fair Workweek Law Relates to Compliance with the Key to NYC Program
Under NYC’s Fair Workweek Law, fast food employers must give workers advance notice of work schedules, including schedule changes, and must pay a premium for certain schedule changes. Also, fast food employers cannot discharge (e.g., fire or lay off workers or reduce their hours by more than 15%) without just cause or a bona fide economic reason.
On August 25, 2021, Mayor Bill de Blasio issued Emergency Executive Order 228, which states that a fast food employer has just cause to discharge an employee who fails to provide proof of vaccination against COVID-19 as required by Key to NYC. To have just cause, a fast food employer must notify an employee of the vaccination requirement and then give the employee at least 30 days of unpaid leave to submit proof of vaccination.
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For more information about Key to NYC, including FAQs, visit nyc.gov/keytonyc.
Read Fair Workweek Law in Fast Food: Frequently Asked Questions (updated March 2022)
Under the Fair Workweek Law, fast food employers in NYC:
NEW! Fast food employers must post the notice, NYC FAST FOOD WORKERS’ RIGHTS, where employees can easily see it at each NYC workplace. Note: Employers must also post the notice in any language that is the primary language of at least 5 percent of the workers at the workplace if available below. Download a copy (updated June 2021) in:
Starting July 2021, DCWP will be conducting a series of educational walks and roundtables to educate workers and employers about the new protections of NYC's Fair Workweek Law. Interested in scheduling a training for your organization? Email us at OLPS@dcwp.nyc.gov.
DCWP created the tools below to help employers comply with the Fair Workweek Law.
NEW! Download Employer Tool for Fast Food Employer: Seniority Tracking Template (in Excel)
NEW! Download Progressive Discipline Policies: What Fast Food Employers Need to Know
NEW! Download Template Termination and Hours Reduction Notices for Fast Food Employers in Word format:
Please continue to monitor this page for additional tools related to the new amendments that took effect on July 4, 2021.
Download Employer Tool for Fast Food Employer: Good Faith Estimate (in Excel)
Download Employer Tool for Fast Food Employer: Notice of Schedule (in Excel)
Download Employer Tool for Fast Food Employer: Notice of Available Hours (in Excel)
Download Employer Tool for Fast Food Employer: Worker Consent to Schedule Change (in Excel)
Download Employer Tool for Fast Food Employer: Premium Record (in Excel)
Download ALL five Employer Tools for Fast Food Employers (in Excel)