NYC Fast Food Deductions Law Stayed Pending Resolution of Constitutional Challenge by Restaurant Groups

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Enforcement of the Fast Food Deductions provisions in New York City’s Fair Workweek Law has been stayed by a federal judge pending resolution of a constitutional challenge brought by two restaurant advocacy groups.

The Fast Food Deductions Law requires fast food employers to deduct voluntary portions from workers’ paychecks and send the payments to a registered nonprofit of the workers’ choosing. The provisions have been challenged on constitutional grounds by the Restaurant Law Center and the National Restaurant Association (Restaurant Law Center et al v. City of New York et al, 1:17cv9128). On January 17, 2018, a federal judge ordered the enforcement provisions and associated rules of the deduction law be stayed until resolution of the parties’ motions.  

For more information on the NYC Fair Workweek Law, see our articles, New York City Issues Final Regulations, Notices, Forms, FAQs for Fast Food, Retail Workers Scheduling Law,  Mayor Signs Major Workplace Reforms for Fast Food & Retail Workers and New York City Issues Proposed Rules for Fast Food, Retail Workers Scheduling Law.

Jackson Lewis will offer further updates on the status of the Fast Food deductions law as the case develops.

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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