Search form

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 material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm with more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries. Having built its reputation on providing premier workplace law representation to management, the firm has grown to include leading practices in the areas of government relations, healthcare and sports law. For more information, visit www.jacksonlewis.com.

See AllRelated Articles You May Like

February 11, 2019

California’s Reporting Time Pay Applies to Telephone Calls to Confirm Scheduled Shifts

February 11, 2019

For more than 75 years, California’s Wage Order No. 7 has required employers to compensate employees with reporting time pay if employees are required to report for work and in fact show up, but are then provided less than an established minimum number of hours of work or are provided with no work at all. Instead of actually requiring... Read More

February 1, 2019

New York Legislative Update — 2019 Starts With a Roar

February 1, 2019

The New York State Legislature gaveled in for the 2019-2020 Legislative Session on January 9, 2019, with Democrats in control of all three chambers of New York State government for the first time since the 2008-2009 session. As expected, the Democrats are flexing their muscles and progressive legislation traditionally stalled in a... Read More

January 31, 2019

Indiana Supreme Court Rules Driver Not Employee of Business Connecting Drivers with Customers

January 31, 2019

A driver who delivers recreational vehicles or trucks under a company’s authority is an independent contractor, not an employee, for purposes of the Indiana Unemployment Compensation Act, the Indiana Supreme Court has ruled. Q.D.-A, Inc. v. Indiana Dep’t of Workforce Dev., No. 19S-EX-43 (Jan. 23, 2019). Resolving conflicting lower... Read More