New York City · Fair Workweek · fast food · Admin. Code §§ 20-1222, 20-1231
NYC fast food pays a dollar table for late schedule changes, and $100 when a close and an open are under 11 hours apart.
Admin. Code § 20-1222 (Local Law 107 of 2017) is a fixed premium in addition to wages, not a rate multiplier: $10 / $15 to add or move, $20 / $45 / $75 to subtract or cancel, depending on the notice window. § 20-1231 (Local Law 100 of 2017) pays $100 when two shifts have fewer than 11 hours between the end of the first and the start of the second and the first ends the previous calendar day or spans two calendar days. Fast food, 30 or more national establishments — labeled, not gated. This is not 12 NYCRR 146-1.6 spread-of-hours and not NY 146-1.5 call-in.
Posted schedule versus punches, plus the notice window
Hour totals cannot see “the employer changed the posted schedule.” Enter the change type (add / move / subtract / cancel) and how many hours of notice were given, then the actual punches. Sources: Local Law 107 of 2017 (§ 20-1222 table); Local Law 100 of 2017 (§ 20-1231 $100 / 11 hours); DCWP Fast Food FAQ (updated 15 Sep 2023).
Subtract or cancel with 12 hours’ notice → $75 in addition to wages
Add or move with 10 days’ notice → $10
Last-out 22:00 day 1 / first-in 07:00 day 2 (9-hour gap) → $100 clopening
12-hour overnight gap → $0 clopening
§ 20-1222(c) exceptions — listed emergencies, employee written request, voluntary swap — sit on toggles that default off so the premium applies. Overtime-required changed shifts are labeled out of scope. The clopening consent toggle (default off) turns the $100 off on this page; the DCWP FAQ states the $100 is still paid when the employee consents in writing and works the clopening.
Clopening is last-out → first-in, not a lunch
Two shifts with fewer than 11 hours between them trigger $100 only when the first shift ends the previous calendar day or spans midnight. Same-calendar-day punch pairs are not a clopening (they may be a split, which NYC Fair Workweek does not pay). Hours worked follow FLSA weekly 40; the dollar premiums are not hours worked.
In scope
- Fast food, 30+ national establishments (coverage labeled, not gated)
- § 20-1222 table: $10 / $15 add or move; $20 / $45 / $75 subtract or cancel
- Posted-schedule change type + notice window versus actual punches
- § 20-1231 $100 clopening for <11 hours overnight
- Exception toggles (emergency, written request, voluntary swap) default off
- FLSA weekly 40 on hours worked
Out of scope
- 12 NYCRR 146-1.6 hospitality spread-of-hours
- 12 NYCRR 146-1.5 call-in pay (CR146 not fetched)
- Retail Fair Workweek (§ 20-1251) and just-cause discharge
- Access-to-hours offers before new hires
- § 20-1222(c)(4) overtime-required changed shift as a computed exception
FAQ
What are the NYC fast-food schedule-change premiums?
Admin. Code § 20-1222 (Local Law 107 of 2017): in addition to regular pay for hours worked, with less than 14 but at least 7 days’ notice, $10 to add or move a shift or $20 to subtract or cancel; with less than 7 days, $15 to add or move; with less than 7 days but at least 24 hours, $45 to subtract or cancel; with less than 24 hours, $75 to subtract or cancel. A subtract with 12 hours’ notice is $75. An add with 10 days’ notice is $10.
What is the NYC clopening premium?
Admin. Code § 20-1231 (Local Law 100 of 2017): unless the employee requests or consents in writing, the employer shall not require two shifts with fewer than 11 hours between the end of the first and the start of the second when the first ends the previous calendar day or spans two calendar days. The employer pays $100 for each instance the employee works such shifts. Last-out 22:00 day 1 and first-in 07:00 day 2 (9-hour gap) is $100. A 12-hour gap is $0.
Who is covered?
Fast food employees at establishments that are part of a chain of 30 or more nationally. This calculator labels that coverage and does not invent a headcount gate. It is not 12 NYCRR 146-1.6 hospitality spread-of-hours and not NY 146-1.5 call-in pay.
When is the schedule-change premium not owed?
§ 20-1222(c): listed emergencies (threats, utility/transit failure, fire/flood/natural disaster, declared emergency, severe weather), the employee requested the change in writing, two employees voluntarily traded shifts, or the employer is required to pay overtime for the changed shift (overtime-required is labeled out of scope). Exception toggles default off so the premium applies.
