Mayor Zohran Kwame Mamdani and Department of Consumer and Worker Protection Commissioner Sam Levine announced Monday that New York City has recovered nearly $2 million in restitution for more than 800 fast-food and retail workers whose Fair Workweek rights were violated by major chains including Dunkin’ Donuts, Taco Bell, and Theory.
The enforcement actions target violations including unpredictable scheduling, forced “clopening” shifts — where workers close a store late at night and must return to open it early the next morning — and failure to provide required advance notice for schedule changes. Some workers will receive more than $10,000 in restitution, while payments range from around $50 to over $13,000.
“More than 800 New York City workers are going to get checks or they’re going to get money deposited in their account,” Commissioner Levine said during the announcement at City Hall. The city has reached settlements with two franchisees and filed a lawsuit against QSR Management LLC, which operates more than 20 Dunkin’ Donuts locations on Staten Island.
The violations stem from New York’s Fair Workweek Law, which requires fast-food chains to give workers 14 days’ notice before schedule changes and retail workers 72 hours’ notice. The law also protects workers from being forced into clopening shifts without consent and extra compensation of approximately $100.
“When you don’t give people a predictable schedule, it’s not just sort of a violation. That really has big consequences for people’s lives, whether they can work a second job, take care of their family, plan for their futures, and keep their jobs,” Levine explained.
The investigation began with a single worker’s complaint. “One worker making a complaint about the violation of Fair Workweek Laws is what leads to more than 800 workers receiving” restitution, Mayor Mamdani said. “That starts with just one worker going to nyc.gov/workers.”
Workers affected by the settlements will not need to fill out paperwork to receive their payments. The city will use direct deposit for workers who have accounts on file and mail checks to others. “We’re not putting the burden on workers to fill that out,” Mamdani said.
The announcement comes as the Mamdani administration has recovered more than $8.5 million for workers across various enforcement actions, averaging more than $100,000 per day returned to workers’ pockets, according to the mayor.
Workers can report violations by visiting nyc.gov/workers or calling 311. The city accepts anonymous complaints and has protections against employer retaliation for workers who report violations.
For the Staten Island lawsuit against QSR Management LLC, the city alleges the franchisee was previously cited for Fair Workweek violations four years ago. “If you’re breaking the law a second time, we’re going to hold you accountable,” Levine said. That case could affect approximately 1,000 additional workers.
Featured image: Kara McCurdy / Mayoral Photography Office (Office of the Mayor of New York City) — via NYC Mayor's Office Flickr