The New York City Council voted to dramatically strengthen protections for fast food workers with two bills this week, both supported by Mayor Bill de Blasio. The really big deal bill would ban fast food restaurants from firing workers without just cause—that means workers could only (“only”) be fired for performance issues or other serious problems, not just because the boss felt like it.
Most workers in the U.S. are currently “at-will,” which means exactly that—your boss doesn’t actually need a reason to fire you. As Jared Odessky explained at Data for Progress last summer, moving to a just cause standard could help crack down on discrimination: “Currently, the burden is on a fired worker to show that they were terminated for an impermissible reason like their race or sex. This is true even though the employer has greater access to and control over information about the firing. After the worker makes out a case of discrimination, the employer can then point to another basis for the termination, benefiting from an at-will presumption that permits employers to fire workers for almost any or no reason. In reality, employers can simply invent reasons after the fact. The burden then falls to the worker to show that the reason the employer gave was a lie.”
The other bill passed by the city council would require layoffs to go in order of seniority. Both bills apply to fast food stores belonging to chains with more than 30 locations.
This blog originally appeared at Daily Kos on December 19, 2020. Reprinted with permission.
About the Author: Laura Clawson has been a contributing editor since December 2006. Clawson has been full-time staff since 2011, and is currently assistant managing editor at the Daily Kos.
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