Employment and labor laws comprise some of the most complex and extensive laws, not only in New York but in other states as well. Therefore, it is very critical for you, as an employer, to be cognizant of what laws, whether local or federal, apply to specific employment issues and jurisdictions, especially owing to the ubiquity of an explosion in lawsuits in the U.S., which has been coherent with a public obsession for litigation, a growing lawyer population, and the enactment of new laws and amendments of others.

Under this context, this blog reviews some of the requirements concerning recordkeeping and record retention for employers under the New York City Fair Workweek Law (FWL) (N.Y.C. Admin. Code § 20-1201 et seq.; 6 RCNY § 7-601 et seq), a key employment law in New York City. Accordingly, some of the key elements discussed include applicable statutes under this law, including types of records required to be retained by employers and other relevant information for employers concerning compliance with requirements for recordkeeping and the retention of records.

However, it is crucial to mention that the information provided herein does not address requirements for the retention of records when a complaint or charge has been filed by an employee under the New York City Fair Workweek Law (FWL). Nonetheless, although the requirements may apply to both public and private employers, the information is intended for the latter.

Types of Records that Must be Retained Pursuant to the New York City Fair Workweek Law (FWL)

Pursuant to N.Y.C. Admin. Code § 20-1206(a); 6 RCNY § 7-609(a)(1), employers in New York City are required to keep, in an electronically accessible format and for every employee, accurate, true, and contemporaneous records in compliance with the FWL showing (1) written work schedule, (2) written working schedule changes, where applicable, and (3) actual count of worked on a weekly basis.

Further, pursuant to N.Y.C. Admin. Code § 20-1221(a), employers dealing with fast foods are also required to keep, in an electronically accessible format and for every employee, accurate, true, and contemporaneous records in compliance with the FWL showing (1) written work schedule, (2) written working schedule changes, where applicable, (3) actual count of worked on a weekly basis, (4) good faith approximates offered to employees, and (5) amounts and dates of payments and premium pay to each employee in compliance with 6 RCNY § 7-609(a)(2).

Duration of Retention Requirements Pursuant to the New York City Fair Workweek Law (FWL)

In compliance with N.Y.C. Admin. Code § 20-1206(a); 6 RCNY § 7- 609(a), employers in New York City, including those dealing with fast foods, are required to retain and keep, in an electronically accessible format and for every employee, such accurate, true, and contemporaneous records in compliance with the FWL for a duration not less than three years.

Penalties and/or Citations Following Failure to Comply with the New York City Fair Workweek Law (FWL)

As per the provisions provided under N.Y.C. Admin. Code § 20-1206(b), the York City Office of Labor Standards (OLS) shall serve an employer with a notice of violation for failing to keep, produce, or retain the required documentation and records, as described above. Further, the OLS may conduct an investigation concerning the violation and, subsequently, find a rebuttable presumption regarding the truthfulness of the alleged fact(s) relevant to a material fact it may allege against the employer.

Other Key Information for Compliance

In compliance with N.Y.C. Admin. Code § 20-1206(a), an employer should permit the OLS to carry out an investigation based on alleged fact(s) towards a violation of the FWL by ensuring accessibility and availability of the required records and documents as required under the law.

Notably, to ensure that they have complied with 6 RCNY § 7-609(b), (c), employers dealing with retail chains and fast foods are required to provide every employee with records that include (1) a complete work schedule, which should also be the most current version, absent an accommodation conflicting with a disclosure, for all employees working at the same place within seven days after a request by the employee and (2) a work schedule for the employee for any previously week worked for the past 36 months years within two weeks after a request by the employee.

As usual, in case you need further clarification regarding the information shared in this blog post, we, the authoritative force in Employment & Labor Law, serving as primary counsel or cumis counsel and providing diverse legal services in both a traditional and online, web-based environment, whether it be for small or large-scale businesses on a panel or a case-by-case basis, are just a call or email away!

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Isaac T.,

Legal Writer, Author, & Publisher.