Skip to code content (skip section selection)
(a) As used in Title 20, Chapter 12 of the New York City Administrative Code and this subchapter, the following terms have the following meanings, except as otherwise provided:
"Accept" when used in reference to a shift or shifts at a fast food establishment means a fast food employee's communication to a fast food employer of their desire to work such shift or shifts in response to the notice of available shifts provided by the fast food employer.
"Applied consistently," as that phrase is used in § 20-1272(b)(3) of the Fair Workweek Law, means that fast food employees with similar job duties who are subject to the same progressive discipline policy received comparable treatment under that policy for similar infractions in similar circumstances.
"Award" has the same meaning as "distribute," as that term is used in the Fair Workweek Law. When the term "award" is used in reference to a shift at a fast food establishment, it means a fast food employer has added the shift to a fast food employee's regular schedule.
"Baseline regular schedule" means the highest total hours contained in a fast food employee's regular schedule within the previous 12 months, or the highest total hours contained in any subsequent reduced regular schedule to which such employee consented, which such employee requested, or which was made for just cause or a bona fide economic reason.
“Clopening” means two shifts with fewer than 11 hours between the end of the first shift and the beginning of the second shift when the first shift ends the previous calendar day or spans two calendar days.
"Clopening premium" means the $100 payment required for each clopening shift worked pursuant to § 20-1231 of the Fair Workweek Law.
"Consent" means an employee's agreement after having a meaningful opportunity to decline, free from any interference, coercion, or risk of adverse action from the employer.
"Contact information" means the last-known phone number, email address, and mailing address provided to the employer.
“Current fast food employee” as that term is used in § 20-1241 of the Fair Workweek Law and these rules means a fast food employee who has worked at least eight hours in the preceding 30 days or is otherwise currently on the fast food employer’s payroll, and has not been terminated from employment.
“Directly notify” as that term is used in subdivision (b) of § 20-1252 of the Fair Workweek Law means to deliver to an individual employee.
“Engaged primarily in the sale of consumer goods” as that term is used in the definition of “retail employer” in § 20-1201 of the Fair Workweek Law means greater than fifty percent of sale transactions in the City during the previous 12 months were of consumer goods to retail consumers.
“Fair Workweek Law” means Chapter 12 of Title 20 of the Administrative Code of the City of New York.
“New fast food employee” means an employee who, at the time of hire, has not previously been employed by or worked any hours for the fast food employer or who has no seniority due to an interruption in service of more than six months as set forth in § 20-1271 of the Fair Workweek Law. A "new fast food employee" becomes a "current fast food employee" once they have performed at least 8 hours of work for the fast food employer.
"Notice of discharge" means the written explanation that fast food employers are required to provide to discharged fast food employees pursuant to § 20-1272(d) of the Fair Workweek Law.
"Offer" when used in reference to a shift or shifts at a fast food establishment means the process by which a fast food employer notifies fast food employees of the availability of such shift or shifts pursuant to § 20-1241 of the Fair Workweek Law. While an "offer" of a particular shift may be made to a number of employees and/or former employees, the shift will be "awarded" to one employee (unless it is divided among two or more employees).
“Overtime pay” means payment (i) at a rate not less than one and one-half times the fast food employee’s regular rate of pay under subsection (a) of Section 207 of Title 29 of the United States Code; or (ii) at a rate governed by the overtime requirements of the labor law or the overtime requirements of any minimum wage order promulgated by the New York commissioner of labor, pursuant to labor law article 19 or 19-A.
"Recurring shift" means a shift that the fast food employer anticipates needing a fast food employee to fill indefinitely.
"Regular schedule" means a predictable, regular set of recurring shifts that a fast food employee will work each week.
"Relevant and adequate training," as that phrase is used in § 20-1272(b)(2) of the Fair Workweek Law, means instruction on how to perform the job duties, standards of conduct in the fast food establishment, or workplace policies and procedures. This may include training on: preparing and serving food, cleaning, using tools and equipment, handling payments, interacting with customers, and other typical job duties of fast food employees; workplace policies and procedures relating to attendance, punctuality, cooperation, and other standards of conduct required by the fast food employer; and any specific job duties or conduct for which a discharged fast food employee has previously failed to meet the fast food employer's expectations.
“Retail consumer” means an individual who buys or leases consumer goods and that individual’s co-obligor or surety. Retail consumer shall not include manufacturers, wholesalers, or others who purchase or lease consumer goods for resale as new to others.
“Salaried,” as that term is used in the definition of "fast food employee" in § 20-1201 of the Fair Workweek Law, means paid on a salary basis and meets all of the criteria for one or more of the exemptions from the minimum wage and overtime provisions of the Fair Labor Standards Act set forth in Title 29, Part 541 of the Code of Federal Regulations.
"Scheduling application" means a computer application used by an employer to create or manage employee schedules.
“Shift” means an on-call shift or a regular shift.
“Subset of shifts” means one or more shifts or shift increments.
“Times” as that term is used in relation to any shift or schedule, means start and end times of shifts.
(b) As used in this subchapter, the following terms have the same meanings as set forth in §§ 20-1201 and 20-1271 of the Fair Workweek Law: "bona fide economic reason," "department," "discharge," "employee," "employer," "fast food employee," "fast food employer," "fast food establishment," "just cause," "on-call shift," "probation period," "progressive discipline," "reduction in hours," "regular shift," "retail employee," "retail employer," "schedule change premium," "seniority," "utility safety employee," "utility safety employer," and "work schedule."
(Added City Record 11/28/2017, eff. 11/28/2017; amended City Record 5/24/2022, eff. 6/23/2022)