§ 20-1251 On-call scheduling prohibited.

   a.   Except as otherwise provided by law, it shall be unlawful for a retail or utility safety employer to:

      1.   Schedule a retail or utility safety employee for any on-call shift;

      2.   Cancel any regular shift for a retail or utility safety employee within 72 hours of the scheduled start of such shift;

      3.   Require a retail or utility safety employee to work with fewer than 72 hours' notice, unless the employee consents in writing; or

      4.   Require a retail or utility safety employee to contact a retail or utility safety employer to confirm whether or not the employee should report for a regular shift fewer than 72 hours before the start of such shift.

   b.   Notwithstanding subdivision a of this section, a retail or utility safety employer may:

      1.   Grant a retail or utility safety employee time off pursuant to an employee's request;

      2.   Allow a retail or utility safety employee to trade shifts with another retail or utility safety employee;

      3.   Make changes to retail employees' work schedules with less than 72 hours' notice if the retail employer's operations cannot begin or continue due to:

         (a)   Threats to the retail employees or the retail employer's property;

         (b)   The failure of public utilities or the shutdown of public transportation;

         (c)   A fire, flood or other natural disaster; or

         (d)   A state of emergency declared by the president of the United States, governor of the state of New York or mayor of the city; and

      4.   Make changes to utility safety employees' work schedules with less than 72 hours' notice if the utility safety employer is responding to or cannot begin or continue operations due to one of the following circumstances:

         (a)   The failure of public utilities that poses an immediate danger to public safety or health;

         (b)   A fire, flood or other natural disaster; or

         (c)   A state of emergency declared by the president of the United States, governor of the state of New York or mayor of the city.

(L.L. 2017/099, 5/30/2017, eff. 11/26/2017; Am. L.L. 2021/077, 7/18/2021, eff. 1/14/2022)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/077.