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Employment Law Advisory: New Predictive Scheduling Law – Effective November 26th

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New York City Employers:




New Predictive Scheduling Law




RETAIL Employers Must Give 72 Hours Notice to Workers


*There are different rules for Fast Food establishments



  • Post and provide schedules to employees no less that 72 hours before the first shift on the schedule.
  • Provide 72 hours notice of schedule changes.
  • Personally notify effected personnel.
    • If you communicate by email or other electronic means, you must notify all personnel through those as well.
    • A new schedule must also be posted.
    • This includes cancellations.
    • This includes adding shifts unless the employee consents in writing.


  • Require employees to call in fewer than 72 hours before a shift begins.


  • Violations are payable to the employee and range from $300-$500 per employee, per violation.
  • The New York City of Division of Labor Standards may impose additional civil penalties.
  • Employees have a private right of action.

Specific Records Mandates

  • Records of compliance must be maintained for 3 years.
  • Employees are entitled to certain records upon request.

Notice Requirements

  • Must be posted in English and any other language spoken by at least five percent of the employees at their location. The NYC Division of Labor Standards is supposed to be developing these posters.

Please contact Sharon Stiller at (585) 218-9999 or Rachel Gold at (718) 215-5300 if you have any questions or we can be of assistance.

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For further information about our corporate and securities experience, please contact our law firm on Long Island at 516-328-2300, in Brooklyn at 718-215-5300, White Plains at 914-607-7010, Rochester at 585-218-9999 or Albany at 518-535-9477 to schedule an initial consultation.