Three NYC restaurant chains will pay millions to more than 2,000 workers after violating labor law

NEW YORK — Three popular New York City restaurant chains will have to pay out millions of dollars in employee relief due to violations of the city’s Fair Workweek Law, the Department of Consumer Protection commissioner announced Wednesday. and to the Worker (DCWP), Vilda Vera Mayuga.

Panda Express, Au Bon Pain, and 7-Eleven’s “Raise the Roost” will pay a combined $4.5 million in restitution to nearly 2,400 workers and $417,000 in civil penalties. The three companies are also required to comply with the law in the future.

“Maintaining a healthy work-life balance is already a challenge for many New Yorkers, but it’s nearly impossible without a predictable work schedule,” said DCWP Commissioner Vilda Vera Mayuga. “Predictable scheduling allows working New Yorkers to balance caring for themselves, their families and loved ones. To all New York City fast food workers, if you feel you have been experiencing unfair scheduling in your workplace, we urge you to contact us as soon as possible.”

Panda Express will pay $3.15 million in restitution to more than 1,400 workers and $300,000 in civil penalties. As part of the settlement, they will have to pay more than $8,000 in back wages to a worker who was fired in retaliation for exercising his rights under the Fair Workweek Act. DCWP’s investigation also found that, at all New York City locations, Panda Express violated the Fair Workweek Act by failing to:

• Pay premiums for schedule changes and closing shifts.
• Give current workers the opportunity to work more regular hours before hiring new workers.
• Obtain the consent of workers by adding hours to their schedule or requiring them to work closed shifts.
• Give workers work schedules 14 days before the start of the schedule.

For its part, Au Bon Pain will pay nearly $1.2 million in restitution to more than 950 workers and more than $108,000 in civil penalties. DCWP’s investigation of Au Bon Pain found that 14 New York City locations violated the Fair Workweek Act by failing to:

• Pay premiums for schedule changes.
• Give current workers the opportunity to work more regular hours before hiring new workers.
• Obtain consent from workers when adding hours to their schedule.

In addition, 7-Eleven’s “Raise the Roost” will pay nearly $143,000 in restitution to 30 workers and more than $9,000 in civil penalties. DCWP’s investigation found that the Raise the Roost location at 82 Greenwich Street in Manhattan violated the Fair Workweek Act by failing to:

• Pay premiums for schedule changes.
• Give current workers the opportunity to work more regular hours before hiring new workers.
• Consistently get consent from workers when adding hours to their schedule.
• Give workers work schedules 14 days before the start of the schedule.

What the Fair Workweek Act Says

Under the Fair Work Week Act, fast food employers in New York City must give workers regular hours, 14-day notice of work schedules that are consistent with regular hours, premium pay for schedule changes , the opportunity to decline to work overtime, and the opportunity to work newly available shifts before hiring new workers.

Fast food employers also may not schedule a “closing” shift unless the worker consents in writing and receives a $100 bonus for working the shift. In addition, fast food employers may not fire or reduce a worker’s hours by more than 15 percent without just cause.

Fast food employers must post the notice, New York City Fast Food Workers’ Rights, where employees can easily see it and in the primary language of at least five percent of workers in a workplace .

To make complaints go to this website.