Protections for restaurant, food service and airport workers displaced due to the COVID-19 disaster emergency.

A Local Law to amend the administrative code of the city of New York, in relation to protections for restaurant, food service and airport workers displaced due to the COVID-19 disaster emergency

This bill would provide certain employees who have been laid off due to the economic and health crises caused by the COVID-19 disaster emergency with a right to return to their previous jobs once their former employers are able to restart or scale up operations. This requirement would apply through December 31, 2024. Covered employers would include airport hospitality operations, airport service providers, food service contractors and restaurants and private entities whose employees are regularly scheduled to work at event centers. The bill also defines a laid-off employee to include an employee who was employed by a covered employer for six months or more between January 31, 2019 and January 31, 2020, and whose most recent separation from employment (i) was initiated by the covered employer, (ii) occurred after January 31, 2020 and before January 1, 2022 and (iii) was due to a government order, layoff, lack of business, reduction in force or other economic, non-disciplinary reason. Covered employers would be required to offer employees who were laid-off with available positions for which they are qualified before they can hire new employees, ensuring that such laid-offs employees have priority to return to work. Laid-off employees would have 10 days to accept or decline the offer of employment. Covered employers would also be required to provide laid-off employees with a notice of their right to recall under this legislation. The requirements of the bill would be enforceable by workers through a private right of action in civil court, including reasonable attorney’s fees and costs if the employee prevails.