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NYC Fast Food Deductions Law Stayed Pending Resolution of Constitutional Challenge by Restaurant Groups

By Jonathan L. Bing, Richard I. Greenberg, Daniel J. Jacobs and Brian R. DeShannon
  • January 25, 2018

Enforcement of the Fast Food Deductions provisions in New York City’s Fair Workweek Law has been stayed by a federal judge pending resolution of a constitutional challenge brought by two restaurant advocacy groups.

The Fast Food Deductions Law requires fast food employers to deduct voluntary portions from workers’ paychecks and send the payments to a registered nonprofit of the workers’ choosing. The provisions have been challenged on constitutional grounds by the Restaurant Law Center and the National Restaurant Association (Restaurant Law Center et al. v. City of New York et al., 1:17cv9128). On January 17, 2018, a federal judge ordered the enforcement provisions and associated rules of the deduction law be stayed until resolution of the parties’ motions.  

For more information on the NYC Fair Workweek Law, see our articles, New York City Issues Final Regulations, Notices, Forms, FAQs for Fast Food, Retail Workers Scheduling LawMayor Signs Major Workplace Reforms for Fast Food & Retail Workers, and New York City Issues Proposed Rules for Fast Food, Retail Workers Scheduling Law.

Jackson Lewis will offer further updates on the status of the Fast Food Deductions law as the case develops. Please contact the Jackson Lewis attorney with whom you regularly work for assistance in modifying your organization’s practices to comply with the new law.

©2018 Jackson Lewis P.C. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis.

This Update may be considered attorney advertising in some states. Furthermore, prior results do not guarantee a similar outcome.

Jackson Lewis P.C. represents management exclusively in workplace law and related litigation. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Jackson Lewis attorney with whom you regularly work.

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