2021 Says Goodbye To At-Will Employment For New York City’s Fast Food Workers

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On January 5, 2021, New York City Mayor Bill de Blasio signed into law two new local laws affecting fast food workers which, among other things:

  • prohibit fast food employers from discharging, indefinitely suspending or reducing the hours of fast food employees (who have completed such employer’s probation period) without just cause;
  • require fast food employers needing to lay off employees, for bona fide economic reasons, to discharge employees by reverse order of seniority (i.e., those hired last will be discharged first); and
  • provide arbitration guidelines to mediate disputes between fast food employers and fast food employees and specific remedies for those terminated for just cause.

Fast food employers have until July 2021 (when the laws take effect) to prepare for and implement the necessary changes to their practices and at-will employment policies.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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