Wed, 01/13/2021
The New York City Council recently enacted two bills that will enhance job security for its fast food workers starting July 1, 2021. The bills prevent large fast-food chains (those operating 30 or more restaurants nationwide) from firing or substantially reducing the hours of their workers unless the employer can demonstrate bona fide economic reasons for the decision or that the employee committed misconduct or failed to satisfactorily perform job duties. “Bona fide” economic reasons include full or partial closing of a restaurant or organizational changes to the business in response to reduced production, sales, or profit.
The bills also increase procedural protections for workers. For example, employers must provide a written reason for terminating a worker. Employers will be required to discharge employees by inverse seniority (last hired, first fired) and, if an employee is fired for bona fide economic reasons within the previous year, they must be offered shifts before new hires come on board. If an employer violates these requirements, employees may proceed to court or arbitration and will have several remedies available, including back pay, civil penalties, reinstation, and attorney’s fees.
Although drafted to outlast the current COVID-19 pandemic, the new laws are tailored to help those low-wage fast food workers who have continued to work despite the risks posed by the pandemic. As Council Member Brad Lander stated upon the bills’ passage, “Fast food workers have been on the frontlines of this pandemic, serving their neighbors, working in tight quarters, taking on new responsibilities for sanitizing, and yet often unable to speak up about health and safety issues for fear of losing their jobs.” Council Member Adrienne Adams also emphasized the goal of ameliorating systemic racism and economic injustice in New York’s fast-food industry. “The majority black, brown and immigrant fast food workers have been forgotten about for far too long,” she said.
