Update Regarding the NYC Temporary Schedule Change Law

As we previously reported, the New York City Temporary Schedule Change Law took effect on July 18, 2018. The law authorizes eligible employees to make temporary changes to their work schedule for certain “personal events,” up to two times a year, for one business day per event.

The New York City Department of Consumer Affairs (“DCA”), the agency that will be enforcing the law, has established a website with FAQs and information about the law. The DCA has taken the position that it will require, as a condition of compliance with the Temporary Schedule Change Law, that all covered employers post a notice in the workplace, titled “You Have a Right to Temporary Changes to Your Work Schedule.” While the law itself does not create a notice obligation, it is recommended that employers comply with the DCA’s interpretation and post the notice as required by the DCA. According to the DCA, employers are required to post the notice on 11x17 paper in the workplace, in English and any language that is the primary language of at least 5 percent of workers at the workplace. Thus far, the DCA has only published an English version of the notice, but promises to publish additional sample notices soon. Employers are directed to keep checking the DCA’s website for updates.

If you have questions about compliance with the Temporary Schedule Change Law, please contact any member of our Home Care Group.