New York City Council
Committee on Consumer and Worker Protection
Apr 17, 2024
·
10:00 AM
1 hr 22 min
Summary
A hearing on enforcement of the NYC Fair Workweek Law covering scheduling practices in the fast food, retail, and utility safety industries. Discussions focused on the Department of Consumer and Worker Protection's (DCWP) enforcement metrics, long case resolution times often exceeding a year, numerous unresolved Starbucks worker complaints, and measuring the law's impact on worker wellbeing beyond monetary settlements. Featured testimony from DCWP, advocacy groups, impacted workers, researchers, and the public.
Meeting chapters
Read summaries and watch videos for short segments that matter to you.
Council Member Julie Menin opens legislative hearing on Fair Workweek Law enforcement and worker protection
Council Member Julie Menin opens the legislative hearing to discuss the enforcement and impact of the Fair Workweek Law. - Menin highlights the negative effects of unpredictable work schedules on …
0:00:42
·
4 min
Vilda Vera Mayuga, Commissioner of the NYC Department of Consumer and Worker Protection (DCWP), on Enforcement of the NYC Fair Workweek Law and Worker Protections
Vilda Vera Mayuga testified about DCWP's enforcement of the NYC Fair Workweek Law, designed to address scheduling instability in the fast food and retail industries. The law mandates advance scheduling …
0:05:41
·
6 min
How many workers are covered under the Fair Workweek law?
Commissioner Vilda Vera Mayuga states that approximately 57,000 workers are believed to be covered under the Fair Workweek law.
0:12:10
·
11 sec
How many fast food workers, retail workers, and utility workers are covered under the Fair Workweek law?
Vilda Vera Mayuga, the commissioner of the Department of Consumer and Worker Protection, provides the numbers for fast food and retail workers covered under the Fair Workweek law. - There …
0:12:22
·
29 sec
What details can you provide about complaints concerning the safety of utility workers?
The council member inquires about complaints related to the safety of utility workers and expresses concern over a lack of reported complaints. The assistant commissioner explains that after updates to …
0:12:51
·
45 sec
Why are there no complaints from utility safety workers?
The Assistant Commissioner of External Affairs states there are no complaints from utility safety workers because the workers have achieved compliance through their collective bargaining agreements with employers. - The …
0:13:37
·
40 sec
What were the numbers of Fair Workweek violation complaints received by the Department of Consumer and Worker Protection (DCWP) in 2023, 2022, 2021, 2020, and 2018?
The DCWP received 200 Fair Workweek violation complaints in 2023, more than the previous few years. - In 2022, the DCWP received 100 Fair Workweek violation complaints. - In 2021, …
0:14:18
·
65 sec
What are the most common complaints about violations of the Fair Workweek Law?
The Deputy Commissioner states that common complaints include: - Not giving workers access to additional work hours - Not posting work schedules on time - Not paying required premium pay …
0:15:27
·
56 sec
What is the allegation with the highest number of complaints in 2023?
The Deputy Commissioner states that the allegation with the highest number of complaints in 2023 is failure to post and provide the work schedule. This refers to employers not properly …
0:16:24
·
28 sec
What is the status of complaints filed against Starbucks regarding alleged violations?
The commissioner states that the department is actively investigating all complaints against Starbucks. - The complaints involve 56 Starbucks stores and 76 complainants - Some complaints were initially filed as …
0:16:52
·
71 sec
What is DCWP's procedure for notifying companies of worker complaints?
The Commissioner explains that when DCWP, it proceeds with the following steps: - An investigator is assigned to contact the worker and gather complaint details - The scope (localized or …
0:18:05
·
86 sec
What are the requirements for notifying companies about filed complaints against them?
The Department of Consumer And Worker Protection (DCWP) has no statutory or regulatory requirement specifying a timeframe to notify companies after a complaint is filed against them. - There is …
0:19:31
·
122 sec
Why is it now taking longer for the agency to resolve fair work week complaints compared to previous years?
Council Member Menin asks why, in 2022, the number of days to resolve a fair workweek complaint was 345 days, which is over 5 times longer than the 64 days …
0:21:38
·
126 sec
How many staff members are assigned to investigate fair workweek law violations and what is the typical investigation process?
The Commissioner explains the staffing and process for DCWP investigations into fair workweek law violations. - The Office of Labor Policy and Standards (OLPS) has 44 staff members assigned to …
0:23:49
·
56 sec
What is the difference in resolution times for fast food and retail complaints, and what has the agency done to improve complaint resolution?
Council Member Menin notes that in 2022, it took 440 days to resolve fast food complaints and 302 days to resolve retail complaints, and asks what is being done to …
0:24:59
·
129 sec
What is the impact of the Starbucks complaints on the Department of Consumer and Worker Protection's response time?
The Department of Consumer and Worker Protection (DCWP) groups multiple complaints about the same business together for investigation. The commissioner explains that while there are at least 76 Starbucks complaints, …
0:27:08
·
125 sec
What was the amount of restitution recovered for workers last year and how many staff handle investigations?
The Office of Labor Policy and Standards at the Department of Consumer and Worker Protection recovered $12,000,000 in worker relief in 2023, benefiting 9,580 workers. - The Office of Labor …
0:29:14
·
49 sec
What are the processes for investigating worker protection cases and securing restitution for workers?
The Department of Consumer and Worker Protection (DCWP) details its comprehensive process for investigating worker protection cases. The process covers the following steps: - Workers file complaints online which are …
0:30:35
·
179 sec
What is the prevalence of cases related to paid sick days and efforts to raise awareness?
The commissioner states that cases related to paid sick days come in at a steady pace. - The Department of Consumer And Worker Protection (DCWP) conducts outreach to educate workers …
0:33:34
·
99 sec
What resources does the Office of Labor Policy and Standards (OLPS) need to improve enforcement of the fair workweek law?
The DCWP commissioner states that OLPS is currently fully staffed to conduct its work enforcing the fair workweek law and having credible success. - More resources would allow OLPS to …
0:35:27
·
54 sec
What outreach events were conducted by the Department of Consumer and Worker Protection regarding worker rights and business compliance in 2023 and 2024?
The Assistant Commissioner states that the Department of Consumer and Worker Protection conducted around 620 to 650 outreach events per year since the start of the administration, with about one-third …
0:36:23
·
36 sec
How does the Department of Consumer and Worker Protection track investigations and make the data public?
The Department of Consumer and Worker Protection (DCWP) uses a database system called METS to track investigations related to worker protections. The results and data from METS are made public.
0:37:25
·
21 sec
How many worker protection investigations were opened by the Department of Consumer and Worker Protection in the first quarter of 2024?
The Commissioner of the Department of Consumer and Worker Protection (DCWP) states that 134 worker protection investigations were opened in the first quarter of 2024.
0:37:47
·
17 sec
How often does the agency initiate investigations without a complaint being filed?
The commissioner does not provide a specific number or percentage on how often the Department of Consumer and Worker Protection (DCWP) opens investigations proactively without a precipitating complaint. - The …
0:38:05
·
64 sec
How does the Department of Consumer and Worker Protection provide language access at outreach events and for worker education?
The Assistant Commissioner explains that half of the agency's staff speaks a language other than English, and between those staff members, they speak 44 languages, allowing them to leverage multilingual …
0:39:10
·
63 sec
What is the total number of events the Department of Consumer and Worker Protection (DCWP) has conducted on workers' rights since the Fair Workweek Law was enacted?
The DCWP has conducted 1,400 events on workers' rights since the Fair Workweek Law was enacted in 2018. - From 2022 to 2023, the DCWP has conducted around 650 events …
0:40:14
·
41 sec
What steps is the Department of Consumer and Worker Protection taking to reduce the time it takes to close cases and enforce the Fair Workweek Law?
The Commissioner explains that the agency is looking at ways to become more efficient and shorten case resolution times. - They are exploring using technology and data scientists to more …
0:40:57
·
156 sec
What is the Department of Consumer and Worker Protection's (DCWP) approach to communicating with employers about compliance and ensuring open lines of communication?
The DCWP engages directly with employers to ensure their compliance with worker protection laws. - It conducts roundtables with major companies and their executives to clarify laws and answer questions …
0:43:40
·
140 sec
What efforts is the Department of Consumer and Worker Protection making to help employers comply with worker scheduling laws?
The Department of Consumer and Worker Protection is working with scheduling software providers to ensure their systems support compliance with worker scheduling rules and processes. - DCWP does not endorse …
0:46:02
·
100 sec
What data is collected from scheduling software to enforce labor laws, and should the city explore a municipal scheduling software system?
The Department of Consumer and Worker Protection (DCWP) does not directly receive data from scheduling software companies, but examines data in employers' systems when investigating complaints to determine compliance with …
0:47:43
·
91 sec
How is the Department of Consumer and Worker Protection disseminating information about the Worker's Bill of Rights to workers and employers?
The Department of Consumer and Worker Protection is using multiple channels to share information about the Worker's Bill of Rights. - Employers are required to post the Bill of Rights …
0:49:18
·
163 sec
What outreach has been conducted for utility safety workers regarding fair workweek laws?
The Department of Consumer and Worker Protection (DCWP) has worked with representative organizations for utility safety workers to educate them about their rights under fair workweek laws. - DCWP has …
0:52:05
·
38 sec
Is there a difference in the time it takes to resolve complaints against franchise and corporately owned fast food employers?
The deputy commissioner states that there is no difference in the length of time it takes to resolve complaints against franchise and corporately owned fast food employers.
0:52:44
·
13 sec
Are there any differences in how the agency responds to schedule change complaints from part-time vs. full-time employees?
The agency does not differentiate between part-time and full-time employees when responding to complaints about schedule changes. - For any Fair Workweek Law complaint, the agency interviews the complainant - …
0:52:59
·
36 sec
What is the average number of days it takes to resolve complaints under the Fair Workweek Law in 2024?
The Commissioner of the Department of Consumer and Worker Protection states that the average number of days to resolve complaints under the Fair Workweek Law in 2024 is 115 days.
0:53:36
·
15 sec
Autumn Weintraub, Fast Food Director at 32BJ SEIU, on Enforcement of Fair Workweek Laws in the Fast Food Industry
Weintraub highlights the importance of enforcing Fair Workweek laws to ensure predictable schedules and sufficient hours for fast food workers. - She represents 32BJ SEIU, a union organizing fast food …
0:56:25
·
3 min
Max Peltcher, Starbucks Worker, on Scheduling Issues and Filing a Fair Work Week Complaint at Starbucks in New York City
Max Peltcher, a Starbucks worker, testifies about experiencing severe scheduling inconsistencies after moving to work at a Starbucks store in New York City from Iowa. - His scheduled hours fluctuated …
0:59:49
·
87 sec
Autumn Segara, Former Chipotle Employee, on Being Wrongfully Terminated and Filing a Just Cause Complaint
Autumn Segara testifies about her wrongful termination from Chipotle after reporting COVID-19 symptoms to her manager. - She informed her manager about her symptoms but was later fired for allegedly …
1:01:21
·
128 sec
Lee Lambert, Starbucks Worker on Significant Hour Cuts and Filing a Fair Work Week Complaint
Lee Lambert, a Starbucks worker for nearly 3 years, details experiencing significant hour cuts of over 50% at their workplace. This severely impacted their financial situation and threatened access to …
1:03:36
·
74 sec
How did Max Peltcher, Autumn Segara, and Lee Lambert first learn about the Fair Work Week Law?
The council member asks how the three workers first became aware of the Fair Work Week Law. - Max Peltcher learned about it through meetings with union organizers who informed …
1:04:50
·
70 sec
Were Fair Work Week postings listed or visible in workspaces?
The council member asks if Fair Work Week postings were visible in workspaces as required. - Autumn Segara, a worker, says at one store (at John Jay) the postings were …
1:06:01
·
74 sec
What has been the contact between the agency and individuals with open complaints, and how long did it take to hear back?
The agency has not had direct personal contact with the individuals who filed complaints, Lee Lambert and Max Peltcher, but has communicated with organizations representing them, such as 32BJ SEIU …
1:07:19
·
46 sec
How long did it take for the agency to contact the petitioner or representatives after complaints against Chipotle were filed?
Segara explains that it took around a year for the agency to reach out after the union 32BJ filed a complaint on behalf of Autumn Segara against Chipotle. - After …
1:08:05
·
110 sec
What has been the experience with open complaints regarding communication and overall process?
Autumn Weintraub states that dealing with large corporations on open complaints is challenging, but the agency works hard to ensure compliance and progress investigations. She expresses a desire for resolution …
1:10:01
·
70 sec
Peter Fugiel, Postdoctoral Research Fellow at Rutgers School of Management and Labor Relations, on Enforcement Challenges of Fair Work Week Laws
Peter Fugiel, a postdoctoral research fellow at Rutgers School of Management and Labor Relations, highlights issues with the enforcement of Fair Work Week laws in New York City and other …
1:12:01
·
131 sec
Gabriel Semanario, Former Starbucks Worker, on Termination Related to Fair Workweek Issues and Financial Struggles
A former Starbucks employee testifies about being terminated after 3 years of employment in 2022 after raising fair workweek complaints. He was repeatedly scheduled outside his stated availability despite complaints, …
1:14:24
·
97 sec
Christopher Leon Johnson, Member of the Public, on the Rights and Protections for Fast Food Workers and Delivery Personnel
Christopher Leon Johnson, speaking as a member of the public, advocates for better rights and protections for fast food workers and delivery personnel. - He discusses his background as a …
1:16:07
·
150 sec
What are better metrics than announced restitution for measuring success of labor law enforcement?
The council member asks about research on other cities that identifies better metrics than announced restitution amounts for measuring the success of labor law enforcement. - Peter Fugiel suggests metrics …
1:18:38
·
110 sec
When did Gabriel Semanario file his complaint and what has been the communication from the agency?
Gabriel Semanario, a former Starbucks worker, filed his complaint in early October of the previous year. - The labor union 32BJ has been in consistent contact with Semanario regarding his …
1:20:33
·
35 sec
