What's happening
This bill requires large employers of retail, food service, or cleaning employees to provide advance written work schedules and minimum hours, with penalties for non-compliance.
Why it matters
Increased stability for workers. By requiring employers to provide advance written schedules and guaranteed minimum hours, the bill aims to reduce last-minute shift changes and unpredictable work patterns, which are common sources of stress and financial instability for retail, food service, and cleaning employees.
Documentation and accountability. Employers must obtain a signed acknowledgment (in English and the employee's primary language) of schedule notification and keep these records for six years. This creates a paper trail that can be used to hold employers accountable and supports employees seeking to assert their rights.
Legal remedies and enforcement. The bill not only allows for state-imposed civil penalties but also gives employees the private right to sue for damages if they do not receive required notices or their promised minimum hours. This means workers have direct recourse to recover lost wages and legal costs, potentially deterring employer non-compliance.
Protection from retaliation. The legislation explicitly prohibits employers from firing, demoting, or otherwise penalizing workers for exercising their rights under this law—including filing complaints or participating in investigations—helping to ensure employees can advocate for fair scheduling without fear of losing their jobs.
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Who cares
Large retail, hotel, restaurant and cleaning employers
Covered employers with at least 500 full-time employees nationwide or a proportional number of part-time employees would face written scheduling notices every seven days, first-day notice of monthly minimum hours and six-year acknowledgement retention requirements.
Retail workers, tipped food service workers and cleaning workers
Covered employees could swap shifts with similarly situated coworkers and sue for missing first-day notices or monthly hours shortfalls, with protections against retaliation.
New York State Department of Labor
The department could assess civil penalties of up to $50 for each violation.
Unions representing covered workers
The bill would preserve collective bargaining provisions that offer stronger employee protections.
Headline styles
Require Advance Work Schedules
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 25
15 Co-sponsors
1 Multi-sponsor
History
- Referred to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Advance Work Schedules
In Senate Committee · Labor · Sponsor Brad Hoylman-Sigal
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
315
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
Introduced by M. of A. ROZIC, BLAKE -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to employee work schedules
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 5 of the labor law is amended by adding a new title 2 to read as follows:
TITLE 2
SPECIAL REQUIREMENTS Section 171. Definitions.
172. Advanced notice requirements.
173. Exchange of shifts.
174. Prohibited acts.
175. Exceptions.
176. Enforcement.
§ 171. Definitions. As used in this title:
1. "Employer" shall mean any person, corporation, limited liability company, limited liability partnership or association employing five hundred or more full-time employees nationwide or a proportional number of part-time employees, who employs a retail employee, food service employee or cleaning employee.
2. "Employee" shall mean an individual employed as a retail employee, food service employee or cleaning employee by an employer.
3. "Retail employee" shall mean any employee primarily engaged in the sale of items at a retail store engaged in the sale of items to consumers.
4. "Food service employee" shall mean any employee primarily engaged in the service of food or beverage to guests, patrons or customers in the hotel or restaurant industry, including but not limited to, wait
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00987-01-9
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staff, bartenders, captains and busing personnel; and who regularly receives tips from such guests, patrons or customers.
5. "Cleaning employee" shall mean any employee primarily engaged in activities involving cleaning in a commercial context at a commercial or residential setting including, but not limited to, janitors, maids, housekeeping cleaners and building cleaners.
§ 172. Advanced notice requirements. 1. On or before the first day of employment of a retail employee, food service employee or cleaning employee, the employer or its designee shall provide notice to such employee in writing of the employee's work schedule and the minimum number of hours the employee will be assigned on a monthly basis. Upon the provisions of such notice to such an employee, the employer or its designee shall obtain from the employee a signed and dated written acknowledgement, in English and in the primary language of the employee, of receipt of the notice, which the employer shall preserve and maintain for a period of six years.
2. On or before the seventh day after the effective date of this section and every seven days thereafter, each employer or its designee shall provide each employee with the days that the employee has been assigned to work and the hours of work on those days in writing. Scheduling notices shall additionally be posted in a conspicuous place in every workplace of the employer and may be requested by electronic means.
3. The provisions of this section shall not apply during any period where regular operations of the employer are suspended as a result of events beyond the employer's control.
§ 173. Exchange of shifts. Any employees who work for the same employer in the same or substantially similar line of work may mutually agree to exchange work schedules between the two employees. For any change of schedule as a result of this section, the employer shall not be required to provide any notice to any other employees pursuant to section one hundred seventy-two of this title.
§ 174. Prohibited acts. It shall be unlawful for any employer to:
1. interfere with, restrain or deny the exercise of, or attempt to exercise any rights provided to an employee by the provisions of this title;
2. discharge, threaten to discharge, demote, suspend, reduce work hours of or take any other adverse employment action against any employee who exercises or attempts to exercise any rights provided by this title; or
3. discharge or discriminate in any other manner against an individual because such individual has filed any charge, instituted any proceeding, provided any information in connection with an investigation, or testified or is about to testify in any proceeding as a result of the provisions of this title.
§ 175. Exceptions. Nothing in this title shall be construed as prohibiting or conflicting with any provision of law, obligation or collective bargaining agreement that imposes increased levels of protections for employees.
§ 176. Enforcement. 1. For each violation of this title by an employer, the department may assess a civil penalty not to exceed fifty dollars.
2. In addition to any penalty assessed by the department pursuant to subdivision one of this section, any employee, who is not provided with the notice required by subdivision one of section one hundred seventytwo of this title on his or her first day of employment, shall have a
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private right of action against his or her employer for damages equal to fifty dollars for each work day, after the first day of employment, during which the employee is not provided with the required notice, in an amount in the aggregate not to exceed five thousand dollars, plus court costs and attorney's fees.
3. In addition to any penalty assessed by the department pursuant to subdivision one of this section, any employee, who during any month is not scheduled to work the minimum hours of work for the month as stated in the notice provided to such employee pursuant to subdivision one of section one hundred seventy-two of this title, shall have a private right of action against his or her employer for damages equal to the employee's hourly pay rate multiplied by the number of hours which is the result of subtracting the hours the employee actually worked during the month from such employee's stated minimum hours of work for a month, plus court costs and attorney's fees.
§ 2. Severability. If any clause, sentence, paragraph, section, or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, this judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part of this act directly involved in the controversy in which the judgment shall have been rendered.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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