Fair Workweek: Franchisee Gets Compliant Overnight

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Nearly 10 months ago on January 27th, 2017, our CEO Brett Patrontasch spoke on Fox Business News about the Fair Workweek initiative in New York City. He stated that

“All across the country people are waking up and realizing that ‘hey, schedules can be erratic for employees…’ You have worker advocate groups like Working Washington in Seattle, and the Fair Workweek here in New York, who are pushing for legislation around this. And, at the same time, you have employers who are looking for solutions to decrease no-shows at their stores. [Shyft is] a mobile app that solves that problem. So it can be a win-win for employees and employers…”

Fair Workweek Legislation: The Facts

Fast forward to now, and as of this Sunday, (November 26th, 2017) the Fair Workweek Legislation is coming into effect for businesses in New York City. We’re receiving inbound requests from retail and restaurant owners in New York who are pretty stressed about finding a solution to ensure they are compliant with the new bill.

We spoke with Roy Tracy, a franchisee from one of the largest fast food service brands globally. Currently, he owns five franchise restaurant locations in the New York City area and another one in New Jersey. He mentioned that, “business owners need a solution, and they need it quickly. There are a lot of restaurant owners in the [New York] region who are struggling to become compliant with the new laws.”

Four new laws come into effect this Sunday. The laws limit the ability for fast food employers to adjust employee schedules, require employees receive premium pay for last-minute schedule adjustments, eliminate “clopening” shifts (closing and opening a restaurant), require that new shifts be offered to current employees before new hires, and allow payroll deductions to non-profits.  

A ‘fast food employee’ – which refers to any employee who works at a fast food establishment that is located in New York City, whose job duties include at least one of the following: customer service, cooking, food or drink preparation, delivery, security, stocking supplies and equipment, cleaning, or routine maintenance – that’s employed by a restaurant with 30 or more establishments nationally (including both corporately-owned locations and franchises) falls under the new bill.

Here are some of the ways we’re helping Roy and his employees with mobile first technology

When Roy has additional hours within his locations, he is now required to offer those available shifts to existing employees within his organization before hiring new employees. (No. 1395-A)  Preference must be given to the employees of the initial store with the newly available hours.

The manager of that initial location with the additional hours can now broadcast that shift to the entire team at that location with a few taps on mobile, sending push notifications to all employees who work there. If needed, he or she can additionally reach the rest of the employee base at neighboring locations and get coverage in minutes.

No. 1396-A requires Roy to provide his employees with their schedule, 14 days in advance. The schedule must be posted in a workplace location that’s available to all employees and must be electronically distributed as well. Furthermore, records of all employee schedules must be kept for three years. 

With Shyft, Roy’s employees now receive their schedules in Shyft’s dynamic mobile calendar and receive push notifications as reminders two hours before their shifts start. They also have the option of just using the ‘photo schedule’ feature which is sent from the manager after being posted at the work location.  

Additionally, 1396-A requires Roy to pay a schedule change premium when hours are changed on less than 14 days notice (up to $75.00 per shift if the scheduled shift is changed within 24 hours of the shift starting). If shifts are swapped voluntarily between employees on Shyft, a manager can simply approve the proposed shift swap, and will not be required to pay a premium.

Any voluntary shift changes that happen on Shyft also leave a digital paper trail which is exportable via Shyft’s web dashboard. The new legislation requires Roy to keep these records for three years, so Shyft stores them all for him in the cloud.

Read our blog posts on Topshop on Broadway in New York to see how retailers are using Shyft to abide by the new legislation No. 1387-A regarding on-call shifts, storing schedules for three years, and communicating scheduling information electronically.

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