PUBLIC TESTIMONY
Testimony by Kathleen Irwin, NYC Government Affairs Manager of New York State Restaurant Association on Fair Workweek Law and Intro 1081
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Kathleen Irwin, representing the New York State Restaurant Association, testified on the Fair Workweek Law and Intro 1081. She criticized DCWP's current enforcement practices and expressed support for Intro 1081 with some modifications to improve transparency and compliance.
- Criticized DCWP for not promptly notifying employers of Fair Workweek complaints, calling it "irresponsible and harmful"
- Supported Intro 1081's proposed timeframes for notifying complainants and employers, but suggested a 30-day notification for both
- Requested that employer notifications include specific details about complaints to facilitate compliance
- Emphasized the goal of ongoing compliance with Fair Workweek Law for both workers and employers
Kathleen Irwin
0:33:50
Good afternoon.
0:33:51
Thank you so much for calling this hearing today.
0:33:54
We really appreciate it.
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My name is Kathleen Erwin, and I'm the New York City government affairs manager for the New York State Restaurant Association.
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We represent both independent concepts as well as chain brands, both corporate and franchise operated.
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For our chain members, Fair Work Week represents a complex set of regulations that they strive to follow, and it impacts their operations on a daily basis.
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Last April, DCWP revealed at an oversight hearing that they do not have any time frame for informing employers when fair work week complaints are made, and they reconfirm that today.
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Instead, they often choose to build a case, which means quietly allowing business operators to continue making the same mistakes with no correction, only to approach them months or even a year later with a hefty fine.
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This approach is irresponsible and harmful to both workers and employers.
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Both workers and employers are better off when there is an understanding and compliance with Fair Work Week.
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If DCWP truly shares that goal, prompt notification of complaints should be common sense enforcement.
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Instead, the current practice of building a case comes off as both a gotcha tactic and a money grab.
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Intro 1081 would help address this issue by creating time frames for DCWP to notify both the complainant and the employer.
0:35:09
The complainant, it sounds like, is already being promptly, if not immediately, notified of their complaint being received.
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This intro would put in place a 30 day time frame for the complainant to be confirmed and 90 days to notify the employer.
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We would ask that the 30 day time frame be applied across the board for both complainant and employer.
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I would also ask that notification to the employer include several pieces of important practical information, not the identity of the complainant, but the address of the business location related to the complaint and the general nature of the complaint, I e, incorrect method of getting approval for a long shift or schedules not being given with enough advance notice.
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We share the goal of ongoing compliance with Fair Work Week.
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And for business owners to be able to do the right thing, they should not be kept in the dark when they are making a mistake.
0:35:58
Thank you so much.
0:35:59
We have additional written comments regarding 780.