New York City Fast Food Workers Get “Just Cause” and “Bona Fide Economic” Protection From Firing and Layoffs.
Big changes are coming for New York City fast food workers at large fast-food chains with thirty or more locations nationwide. Based on a law which will go into effect at the beginning of July 2021, New York City fast food workers cannot be easily fired.
How Does “Just Cause” Termination Change Things?
Typically, most workers (including fast food workers) can be fired for any reason or no reason at all, so long as there is no relevant contract in place (including collective bargaining agreements for unionized employees) defining the length of employment or the reason is not an illegal one. This is true for all employees—until now. Instead, the bases for firing fast-food workers is more limited and includes where there is demonstrated misconduct or poor performance. Plus, the misconduct or poor performance must be “demonstrably and materially harmful to the fast-food employer’s business interests.”
Will Job Performance Be Tracked in Any Way?
It will. Even if “just cause” can be shown, a range of different types of discipline must be identified spanning mild to severe and pegged to how frequently and how profoundly poor a worker’s performance is. Plus, infractions more than a year old cannot be counted against the employee. Employers will also need to provide workers with a precise reason for the discipline within five days of the negative action. Finally, this policy must be in writing.
What Does “Bona Fide Economic” Reason For Layoff Mean?
In addition to performance-based reasons, fast-food employees can be laid off due to “full or partial closing of operations or technological or organizational changes” as a “response to the reduction in volume of production, sales, or profit.” Plus, the employer must rely on business records to actually show the reasons for such changes. If layoffs are made on this basis, employees who were hired most recently will be terminated first.
Do the New Standards Change Anything Else?
Yes, to change a fast-food worker’s hours by anything more than fifteen percent (15%), based on job performance or for economic reasons, the same type of showing described above must be made. In addition, once the employer reduces one worker’s hours, the employer cannot just reassign those hours to a new employee or other current employees without trying to rehire employees terminated for economic reasons over the prior twelve (12) months.
What Are Fast-Food Employees Entitled to Under the New Law?
For terminated employees who want to, they can return to their job and recover attorneys’ fees and costs. Plus, a court may also award a $500 penalty for each violation, lost wages, punitive damages, and other remedies the Court may identify.
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The above identifies just some of the changes under the new law. If you think you would like a lawyer to help prepare you for these upcoming changes, you should act quickly since this will make the shift to these new standards smoother. If you would like to discuss your situation with us, including whether you should sign an agreement you have received, please feel free to call or email us at any time. You will be on the phone with an attorney within 24 hours.