800px-thumbnail

Effective October 31, 2016, a new statute requires a 90-day retention period for food service workers in New York City in venues such as corporate cafeterias, arenas and cultural institutions when a food service contractor is terminated.  After 90 days, the new contractor must evaluate the workers and must retain them if they are deemed satisfactory.

Specifically, on October 31, 2016, New York City Mayor Bill de Blasio signed, into law, Local Law 131 of 2016 (“Local Law 131” or the “new Law”), which takes effect immediately.  On October 13, 2016, the New York City Council, by a vote of 47-3, had approved Local Law 131.

Local Law 131 requires a 90-day transition period for displaced food service workers when a new owner or operator takes over a building located within the City of New York.  The new Law applies to locations such as corporate cafeterias, arenas and cultural institutions, but not to restaurants.  Further, venues owned by the federal, state, or city government are excluded.

Under Local Law 131, a former food service contractor must provide, to the successor food service contractor, a full and accurate list containing the name, address, date of hire, and job category of each cafeteria worker.  The successor contractor must continue to employ, and must not fire without “cause,” all food service workers for not less than 90 days.

At the end of the 90-day transition period, the successor food service contractor must complete “a written performance evaluation” for each cafeteria worker retained under the new Law.  If a cafeteria worker’s performance during this 90-day period is “satisfactory,” the successor food service contractor must offer, to the worker, continued employment.

If at any time the successor food service contractor determines it needs fewer cafeteria workers to perform the food service than the former food service contractor had employed, then the successor food service contractor shall retain the cafeteria workers by seniority within job classification.  If such a reduction in force occurs during the 90-day transition period, then the successor food service contractor must maintain a preferential hiring list of those cafeteria workers not retained at the sites.  The successor contractor must give, to the workers on this preferential hiring list, a right of first refusal to any jobs within their classification that become available during the 90-day transition period.

A food service worker who is discharged or not retained in violation of Local Law 131 may sue the successor food service contractor in New York Supreme Court, may obtain an order of reinstatement, and may recover back pay, the cost of benefits which the successor contractor would have incurred but for the wrongful termination or non-retention, and reasonable attorneys’ fees and costs.

The new Law substantially parallels the protections which, in New York City, are already provided to displaced building service workers under the New York City Displaced Building Service Workers Act, N.Y.C. Admin. Code § 22-505, and to displaced grocery workers under the New York City Grocery Workers Retention Act, N.Y.C. Admin. Code § 22-507.

The new Law is codified as N.Y.C. Admin. Code § 22-508.

If your company needs assistance or guidance on a labor and employment issue and your company is located in the New York City area, call Attorney David S. Rich at (212) 209-3972.

Who Is Protected From Unlawful Harassment? New York State law protects both men and women from harassment in the workplace, and bars both heterosexual and homosexual harassment at work.  Sexual harassment may include the harassment of women by men, men by women, men by men, and women by women. Two Types of Workplace Harassment There [...]

On September 7, 2016, the New York State Department of Labor (the "Department of Labor," the "Department," or the NYS DOL") issued a regulation requiring employers in the State of New York, in order to pay wages to workers by direct deposit or by payroll debit card, to obtain the workers' written consent.  Further, the [...]

Recently, in a lawsuit in New Jersey state court for breach of a revolving credit agreement, I recovered, on behalf of the lender, a custom injection molder in New Jersey, a final judgment by default against the borrower, an import/export company, and the individual guarantor -- the import/export company's president and sole member --  for [...]

On April 4, 2016, New York State Governor Andrew M. Cuomo signed into law a bill, N.Y. State Senate Bill No. 3004-A, N.Y. State Assembly Bill No. A. 3870A (the "paid family leave law" or the "new law") which, effective January 1, 2018, requires all private employers in New York State and many public employers [...]

Recently, in a lawsuit in New Jersey state court for breach of 177 contracts for sale, I obtained, on behalf of the seller, a plastics manufacturer in New Jersey, a final judgment by default against the buyer, an office products company, for compensatory damages of $247,691.46, plus prejudgment interest of $13,558.56, plus attorneys' fees of [...]

On April 4, 2016, New York Governor Andrew M. Cuomo signed into law a state budget for the 2016-2017 fiscal year, N.Y. State Senate Bill No. S06406C, N.Y. State Assembly Bill No. A09006C ("the Act" or "the new law").  The Act includes a provision, Part K, which, over a period of three to six years [...]

Recently, I was retained by the corporate owner (the "Company" or "my corporate client") of a six-story residential apartment building in Bronx County, New York City, to defend a charge which the building's former superintendent had filed, with the National Labor Relations Board's New York City office, against the Company.  The ex-superintendent's Charge Against Employer [...]

On March 28, 2016, New York City Mayor Bill de Blasio signed, into law, Local Laws 35, 36, and 37 of 2016 ("Local Law 35," "Local Law 36," and "Local Law 37," respectively; collectively, the "new Laws"), which, effective immediately, strengthen employees' rights and remedies under the New York City Human Rights Law, N.Y. City [...]

In spring 2014, I was approached by the director (the "health care facility's director," the "director" or "my director client") of a large health care facility owned and operated by a county within the State of New Jersey.  Days earlier, the chief officer of the county's health services department had brought a disciplinary proceeding charging [...]

On October 22, 2015, the New York State Division on Human Rights (the "Division on Human Rights," the "Division," or the "NYSDHR") issued a then-proposed regulation prohibiting employers with four or more employees from firing or refusing to hire an individual, and from discriminating against an individual in compensation or in the terms and conditions [...]