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On-Call Scheduling

NYC Admin. Code tit. 20, ch. 12, subch. 5
in effect

NYC Admin. Code § 20-1251 On-call scheduling prohibited.

§ 20-1251 On-call scheduling prohibited. a. Except as otherwise provided by law, it shall be unlawful for a retail or utility safety employer to: 1. Schedule a retail or utility safety employee for any on-call shift; 2. Cancel any regular shift for a retail or utility safety employee within 72 hours of the scheduled start of such shift; 3. Require a retail or utility safety employee to work with fewer than 72 hours' notice, unless the employee consents in writing; or 4. Require a retail or utility safety employee to contact a retail or utility safety employer to confirm whether or not the employee should report for a regular shift fewer than 72 hours before the start of such shift. b. Notwithstanding subdivision a of this section, a retail or utility safety employer may: 1. Grant a retail or utility safety employee time off pursuant to an employee's request; 2. Allow a retail or utility safety employee to trade shifts with another retail or utility safety employee; 3. Make changes to retail employees' work schedules with less than 72 hours' notice if the retail employer's operations cannot begin or continue due to: (a) Threats to the retail employees or the retail employer's property; (b) The failure of public utilities or the shutdown of public transportation; (c) A fire, flood or other natural disaster; or (d) A state of emergency declared by the president of the United States, governor of the state of New York or mayor of the city; and 4. Make changes to utility safety employees' work schedules with less than 72 hours' notice if the utility safety employer is responding to or cannot begin or continue operations due to one of the following circumstances: (a) The failure of public utilities that poses an immediate danger to public safety or health; (b) A fire, flood or other natural disaster; or (c) A state of emergency declared by the president of the United States, governor of the state of New York or mayor of the city. (L.L. 2017/099, 5/30/2017, eff. 11/26/2017; Am. L.L. 2021/077, 7/18/2021, eff. 1/14/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/077.

NYC Admin. Code § 20-1252 Work schedules.

§ 20-1252 Work schedules. a. A retail or utility safety employer shall provide a retail or utility safety employee with a written work schedule no later than 72 hours before the first shift on the work schedule. b. A retail employer shall conspicuously post in a location that is accessible and visible to all retail employees at the work location the work schedule of all the retail employees at that work location at least 72 hours before the beginning of the scheduled hours of work and shall update the schedule and directly notify affected retail employees after making changes to the work schedule. Retail and utility safety employers shall also transmit the work schedule by electronic means, if such means are regularly used to communicate scheduling information. The department may by rule establish requirements or exceptions necessary to ensure the privacy and safety of employees. c. Upon request by a retail or utility safety employee, a retail or utility safety employer shall provide the employee with such employee's work schedule in writing for any week worked within the prior three years and the most current version of the work schedule for all retail or utility safety employees at that work location, whether or not changes to the work schedule have been posted. (L.L. 2017/099, 5/30/2017, eff. 11/26/2017; Am. L.L. 2020/080, 8/28/2020, eff. 8/28/2020; Am. L.L. 2021/077, 7/18/2021, eff. 1/14/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/080 and L.L. 2021/077.

NYC Admin. Code § 20-1253 Collective bargaining agreements.

§ 20-1253 Collective bargaining agreements. The provisions of this subchapter do not apply to any retail or utility safety employee covered by a valid collective bargaining agreement, including an agreement that is open for negotiation, if (i) such provisions are expressly waived in such collective bargaining agreement and (ii) the agreement addresses employee scheduling. (L.L. 2017/099, 5/30/2017, eff. 11/26/2017; Am. L.L. 2021/077, 7/18/2021, eff. 1/14/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/077.
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-128210Fetched: 10/24/2026

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