Under new “Just Cause” laws set to take effect on July 5, 2021, New York City has eliminated at-will employment—a standard in place for over one-hundred years—for fast-food chains and only those employers. Thus, for only a small subset of a single industry, covered employers will be prohibited from discharging or reducing at least 15 percent of an employee’s hours except for “just cause” or a “bona fide economic reason.” This targeted subset of employers will be required to first provide “progressive discipline,” imposed only after an investigation process that can be second-guessed in court, at an administrative proceeding, or by an arbitrator into the employee’s misconduct, all subject to stringent record-keeping requirements.
May 28, 2021
The Restaurant Law Center and New York State Restaurant Association filed a complaint for declaratory and injunctive relief.
July 20, 2021
The Restaurant Law Center and New York State Restaurant Association filed a a Motion for Summary Judgement.
August 24, 2021
The Restaurant Law Center filed a Consolidated Reply in Support of its Motion for Summary Judgement and Response in Opposition to NYC’s Cross-Motion for Summary Judgement.