Mayor Zohran Kwame Mamdani: Welcome everyone. We're at the City Hall.
Commissioner Sam Levine, Department of Consumer and Worker Protection: We're at the Taco Bell.
Mayor Mamdani: We're at the combination City Hall and Taco Bell. And I'm here today with our incredible Commissioner Levine of DCWP to announce some very exciting news. What do we have to tell people today?
Commissioner Levine: So, more than 800 New York City workers are going to get checks or they're going to get money deposited in their account. Today, we're announcing three different enforcement actions from DCWP. One of them is against Dunkin' Donuts and Taco Bell for not giving workers predictable schedules. One of them is against Theory, the retailer, same issue, not giving workers the schedules that they can predict, plan their lives around. And the third is a lawsuit we're filing against a franchisee in Staten Island, Dunkin' Donuts franchisee, also not giving the workers predictable schedules or a protected time off.
Mayor Mamdani: How much money are we talking about that you're announcing in settlement today?
Commissioner Levine: So, we're talking about almost $2 million back to workers - mostly fast-food workers, more than 800 of them across New York City - and also a lawsuit against Dunkin' franchisees just to get more money back.
Mayor Mamdani: So now before we get a little bit more into this, I think it's only fair that we should try some of the food on offer at City Hall's first ever mukbang. Here we are. Where are you going to start?
Commissioner Levine: Well, I am - this Crunchwrap Supreme has been calling my name. This is great. New York's - good for on the go. Easy to eat. It's a pretty big one. I'm going to give it a try.
Mayor Mamdani: Here we go.
Commissioner Levine: I don't want to be like the McDonald's CEO, you know, it's pretty good, though.
Mayor Mamdani: Pretty good.
Commissioner Levine: Mm hmm.
Mayor Mamdani: I'm also going to go for the Crunchwrap Supreme.
Commissioner Levine: I mean, look, for the first lunch we've been able to sit down to in weeks, it's filling. Got some cheese in there.
Mayor Mamdani: Seven out of ten, eight out of ten.
Commissioner Levine: I mean, I'm eating more. I'm going to upgrade it to an eight out of ten [for the] Crunchwrap Supreme.
Mayor Mamdani: Thank you [to] the workers who made this.
Commissioner Levine: Thank you to the - not the franchisees who broke the law, but the workers who made the Crunchwrap Supreme. You did supremely well.
Mayor Mamdani: We celebrate with some Baja Blast.
Commissioner Levine: This is quite good.
Thank you also to the workers who made the Baja Blast.
Mayor Mamdani: Yes. Thank you to you as well. So, commissioner, can you take us through. We're talking about $1.8 million.
Commissioner Levine: Yeah.
Mayor Mamdani: And this is for what kind of violations took [that] place?
Commissioner Levine: So, New York has some of the strongest protections for fast food workers, the great people who made this Crunchwrap, in the country. What does that mean? When it comes to having a predictable schedule, fast food chains can't be changing workers' schedules week to week. They have to give people steady schedules. If they do want to change fast food workers' schedules, they have to give a 14 days' notice.
And if they try to give - if they try to make changes in between that time, they have to give workers a premium. And one right a lot of workers have that they might not know they have, is they get extra time for "clopenings." They can say no. Do you know what a clopening is, mayor?
Mayor Mamdani: What is a clopening?
Commissioner Levine: So clopening is when you have to go to bed, when you have to close the store at 11 and then open the store the next day. And I know you work crazy hours. You probably don't sleep. Most workers out there actually need a day's rest before getting back on the job. And what the law says is a company can't make you close the store late at night, [and] open it early in the morning unless you consent, and then they have to pay you a little extra - about a hundred bucks.
Mayor Mamdani: And so, you're saying that at these Dunkin' Donuts and Taco Bell franchise locations from this one particular franchise owner, these were the rights getting violated.
Commissioner Levine: Exactly. The workers didn't have predictable schedules. They were forced to close the store, then open it the next day without compensation. That's why we're getting money back in their pockets.
Mayor Mamdani: I think one of the things that to me is one of the more beautiful parts of this settlement is that it all starts with one worker. One worker making a complaint about the violation of Fair Workweek Laws is what leads to more than 800 workers receiving. Some of them will receive, I think, as you said, more than $10,000.
Commissioner Levine: Some workers would get more than $10,000 - not most workers - but some workers would get more than $10,000. And I think that's such an important point, mayor. Most people assume that an agency like ours, a city like ours, can just kind of look out in the world and identify violations. The reality is we need workers to file complaints with us. We need people to tell us what happened. And that starts with just one worker going to nyc.gov/workers. There is also a phone number that [they] can call.
Mayor Mamdani: 311 - you can call. And the point of this is that if you take this step, it makes our city a fairer city, a more just city. And look, I've been asking the commissioner tons of questions, but we also want to actually hear questions from you. So please, whatever questions you have, throw them in the chat. We'd love to hear them. The commissioner is going to be reading them out. In the meantime, I will just fill our time with eating as much Crunchwrap Supreme as possible. And then maybe time for a munchkin.
Commissioner Levine: Maybe time. We'll have to earn the munchkin. I think we should answer some questions first.
[Crosstalk.]
Commissioner Levine: Many families don't know their rights. Very true. "How would the city make sure Bronx residents are aware of and able to use these protections?
Mayor Mamdani: I think, first and foremost, we want to use every single avenue we have to share this with New Yorkers. A right is only as good as your knowledge of it and your ability to actually exercise it. And so, whether that means live streaming, whether that means speaking directly to you as New Yorkers, or it also means ensuring that DCWP has the support from City government to be taking this case to any employer that's violating the law. What else would you add, commissioner?
Commissioner Levine: Yeah, I think that is so important. I mean, that is my biggest message for people is there's a feedback loop here. When you tell us about what's happening in the workplace, we can get money back in your pockets if your rights have been violated. Tell your neighbors about it. Tell your friends. If their rights are being violated, they'll come tell us. We need the people of New York to tell us when the rights are being violated so we can go to court and fight to get the money back in their pockets.
[Crosstalk.]
Mayor Mamdani: I think one of the other things is we are a city where people work very hard, and in many ways, we've glamorized the hustle. And there are workers in this city who think that they do have to close at 11 and come at 6. I think it's important to say that we love working hard in this city, and also, we love respecting workers' rights in this city. And so, the kinds of rights that we're talking about, beyond the clopening, are there other things that you think New Yorkers should know that they are entitled to as workers in this city? And is it only for fast food workers? Are there also benefits or protections for retail workers?
Commissioner Levine: Yeah, so great question. So fast food workers get 14 days' notice before any schedule changes. They get a predictable schedule. Not quite as good for retail workers, but they still get 72 hours' notice. And what we said is that Theory did not give them the 72 hours' notice they're entitled to. And I think to your point, mayor, one reason why these rights are so important, people are - workers are people. They have families. Many of them have second jobs. They have childcare obligations.
When you don't give people a predictable schedule, it's not just sort of a violation. That really has big consequences for people's lives, whether they can work a second job, take care of their family, plan for their futures, and keep their jobs. So, we're really proud to be bringing these cases, and we really want to spread the word to other fast food and retail workers out there.
If your schedule is unpredictable, if you're not getting the notice you're entitled to under the law, if you think you might not be getting the notice, tell us about it. Go to nyc.gov/DCWP, or remind me the phone number?
Mayor Mamdani: Call 311.Let the city know, because it is thanks to your complaints, your sharing of these violations with us that currently DCWP is averaging winning more than $100,000 a day in this administration to put back into workers pockets. We're talking about more than $8.5 million. And more than any amount of fines, frankly, what we want to see in this city is compliance. We want there to be a job that a worker can go to where they know that their rights will be respected.
And yet we know that for far too long in this city, there's been a sense of impunity amongst employers who are violating these laws, knowing that they won't ever be held to account for it. And so today is not just an announcement of a settlement. It's also an announcement of additional enforcement. Commissioner, can you share a little to that?
Commissioner Levine: Yeah, absolutely. You know, it's great when we can settle cases and get money back in people's pockets. But I also want to be clear that if companies break the law, if they mistreat their workers and we come knocking down your door to talk about it, we're not going to wait months and months and years and years to get workers the rights they deserve.
Today we are taking a large franchisee to court, QSR [Management LLC], a franchisee out in Staten Island [that] runs Dunkin' Donuts chains. We're taking them to court to say - to stand up for workers' rights [and] say, "You need to pay back your workers who didn't get their predictable schedule." This company, by the way, was already accused of Fair Workweek violations four years ago. One of my priorities, as your commissioner, is making sure that if you're breaking the law a second time, we're going to hold you accountable. Workers deserve no less.
Commissioner Levine: What is an example of a right that workers have, but they might not know about? I could try that one, but you want to, do you want to give it a try?
Mayor Mamdani: I'll be honest, the clopening is one that I think many do not know. Even the term is not widely known. What are some others that you think?
Commissioner Levine: You know, protected time off is a really big one because we just expanded that. We had the event a couple of weeks ago. You have a right to take time off in New York City. You get paid time off and there's additional unpaid time off. And it's not just if you're sick, it's if you have to take care of a child, if there's a weather emergency. We've had a few of those recently. And what all of this is about, whether it's Fair Workweek, minimum pay, [or] protected time off, this is about respecting the dignity of work but also respecting that workers are people. Workers have families. Workers have other obligations.
Mayor Mamdani: I remember at the press conference where we were announcing this, you spoke about the fact that life happens. You should not be terrified living in New York City about what you will be able to do when an accident takes place, when an emergency happens in your life. You should know that you'll actually be able to take care of those that you love, take care of yourself and not have to worry about putting your job in jeopardy. And so, these are some of these protections.
And too often, there are workers who are either not informed of these protections, or it is made clear to them that were they to use these protections, they would face retaliation. And that is illegal under the law here in New York City. And we don't just pass laws and sign them. We also enforce them. And that's - today, so much of what we're talking about is this announcement of more than $1.8 million and then the enforcement of taking an additional franchise owner to court for these violations.
And the thing that is also so exciting about this is we want this to be easy for workers. So, growing up in New York City, when you take the train, you'll always see those ads of "you may be eligible for a settlement apply here and fill your information out here." We're not putting the burden on workers to fill that out. We are using direct deposit. This $1.8 million, if you have your accounts on file, you will have that money deposited right into your account. And if you don't have it on file, you're going to be sent a check by the City of New York. And that to me is also what makes this something that we can ensure that the same workers who were having their rights violated are the same ones who benefit from this kind of a settlement.
Commissioner Levine: Yeah, I would just add briefly, mayor, if you feel if you are worried about retaliation, it is illegal. You tell a worker organization, tell your union, tell your friends, we will take anonymous complaints at DCWP. [We'll] reach out to workers ourselves. Nobody should be afraid to report violations to the City of New York. We are here to stand up for you. And we will find a way to reach you even if you don't give us your name right away.
Mayor Mamdani: We will.
Commissioner Levine: More questions?
Mayor Mamdani: Yes, please.
Commissioner Levine: Okay. So, let's see, a lot of them are what are the additional rights I think we've - okay, now this is important. I'm very curious about the mayor - This is a hardball: sour cream or no sour cream?
Mayor Mamdani: As a life question?
Commissioner Levine: As a life question and as and as a Taco Bell order question.
Mayor Mamdani: Always sour cream.
Commissioner Levine: I don't want to lose my job here. But as a New York City worker -
Mayor Mamdani: That's also a protection you have. You can like sour cream and not get fired.
Commissioner Levine: I said to you, no sour cream in my crunch - and by the way, it is a wonderful Crunchwrap Supreme. You don't even need the sour cream. Truly.
Mayor Mamdani: I firmly disagree.
Commissioner Levine: Most New Yorkers would.
Mayor Mamdani: I even like sour cream with steak.
Commissioner Levine: That's - no.
What does enforcement action mean? Was this a legal court process or did they violate city policy? Is the $2 million a result of a settlement or a fine?
Commissioner Levine: We have three different enforcement actions here. These are like lawsuits, right? Two of them are settlements where we're going to return $1.8 million in cash back in workers' pockets-
Mayor Mamdani: And that's in part from a franchise owner of Dunkin' Donuts and Taco Bell and in part from theory locations here in Manhattan.
Commissioner Levine: Exactly. And then we have a third action against Dunkin' Donuts franchisees out in Staten Island, where we're going to fight to get a lot more money back. And I think it's a really important point you ask because, [as] I said earlier, we are not going to take violations of these laws lightly. If companies are not giving workers predictable schedules, they need to come into compliance, [and] give workers predictable schedules, or we will take them to court.
So, we've announced $1.8 million back from workers. We've also announced a couple hundred thousand dollars in civil penalties to go back to the City of New York. And we're going to aim to recover even more from these Dunkin' Donuts franchisees that we allege did not respect.
Mayor Mamdani: [That's] more than 20 on Staten Island, right?
Commissioner Levine: Exactly. More than 20 locations on Staten Island. That's right. How does this affect affordability within the city? It sounds like a good one for you. I appreciate the help you've done for fast food workers.
Mayor Mamdani: Well, thank you very much. I think we are living in the most expensive city in the United States of America. And there are too many workers who are working back-breaking shifts and not even knowing if they're going to get what they're owed. And sometimes what they're owed is quite literally money. I mean, we've taken action against employers who have withheld salaries, who have also withheld tips, but also what they're owed means protections as well.
We are talking about people who have been put through the kinds of shifts that there's just no way they could sustain themselves having to work them every single day and also having to drop everything that they're planning in their own lives to make it back to their workplace at the drop of a hat. And so, this is about making it a more affordable city because workers will actually get what they're owed in terms of the money.
It's also about making it a more affordable city by ensuring that workers know when they put in a hard day's work that they will actually be able to get what they're owed at the end of it and be able to enjoy the city that they're helping to run, frankly.
Commissioner Levine: And I'll just add to that, you know, to the small businesses who might be watching this. We want you to thrive, too. These are important rights for workers. But we are also here at DCWP, [with] our friends across City government [and] small business services. If you need help understanding what the laws [are and] understanding what the Fair Workweek obligations are, who do you call?
Mayor Mamdani: 311.
Commissioner Levine: 311. But seriously, we will go, [and] we will speak to your business. We will show up. We have materials on this. We want businesses to understand their obligations because at the end of the day, making work weeks predictable [and] respecting the dignity of work, I think, is something that benefits everyone.
Mayor Mamdani: And I think that when we allow for impunity from some bad actors, it also hurts the business owners who are operating within compliance because then they ask themselves, why am I going through all of these extra steps? Why am I running a retail store where I'm giving 72 hours of notice? Or why am I running a fast food enterprise giving, what is it -14 days of notice when I can look across the street and there is yet another location of a large franchise owner that is just telling people an hour before, a day before [or] two days before.
It just breeds a larger sense of impunity and a sense of why follow the rules if no one's going to enforce them when it comes to the protection of workers. And that's what we're doing here is not just helping workers, [but] also helping - frankly, there are many Taco Bells [and] Dunkin' Donuts that are owned mom-and-pop, small level, even at a franchise level, larger scale, that are following the rules. That's what we need to be seeing more of in New York City because these are great.
Commissioner Levine: They are. These are great.
Mayor Mamdani: Like eight to now, [but] as I'm getting through it, I would say even closer to a nine out of ten.
Commissioner Levine: We got to try the pizza.
Mayor Mamdani: I'm very excited.
Commissioner Levine: How can we ensure that all members of the community will be aware of their rights? Maybe we covered this a little bit, but again, we are going to go get the word out everywhere we can.
Mayor Mamdani: And I think the other thing is you have - there's a role that you can also play. If you're watching this, send this to whomever you know, if there's someone, you know, that works in a fast-food restaurant [and] that works at a retail place, send them this so that they know their rights. They know that if they complain about a violation, this is a city that's going to take it seriously.
And we're going to use every single avenue because for too long, we've relied on the most traditional kinds of outreach to reach people who are working the least traditional kinds of jobs on the least traditional kinds of hours. It's time to actually reach people the way that they're living their lives. Hopefully that's reaching you on stream, but this is only the beginning of what we're doing.
Commissioner Levine: And that's such an important point. You know, in another administration - I've been in a few, we would announce these actions maybe in a press release that law firms read, maybe some newspapers read - really the audience for these announcements are the people who keep the city running. The folks who made the Crunchwrap Supreme, the folks who made this wonderful, cheesy - we're moving on to the next item. Pizza. Next item. [Crosstalk.]
Mayor Mamdani: And also, if you're just tuning in, hit us with any questions you have.
Commissioner Levine: We are here to answer all your -
Mayor Mamdani: If you don't, we're going to keep drinking Baja Blasts, eating Mexican pizzas, heading over to the munchkins, [and] asking ourselves why we ate the Crunchwrap so quickly.
Commissioner Levine: You ate the Crunchwrap so quickly.
Mayor Mamdani: I ate the Crunchwrap incredibly quickly.
[Crosstalk.]
Commissioner Levine: How would the Department of Consumer Protection be able to handle its growing mandate with less money? Will an increase be coming in this year's budget, and how much might it be? Should we go across the hall?
Mayor Mamdani: We're just going to go find Sherif. This is work that is critical to our city. And it's critical because it gives meaning to the rights that we're so proud that workers have in this city. And so, as those of you who follow the budget process, we've had a preliminary budget.
We have an executive budget that we are working on, and we'll be releasing [it] over the course of, you know, a little over a month from now. And DCWP and the work that DCWP does [are] critical parts of those conversations. We're excited to have them.
Commissioner Levine: Ten out of ten for that answer. And I'll just add truly, to have the mayor uplifting these important cases is so important because you are helping us reach as many workers as we can. The only way we can do our job and make sure these rights actually have meaning in New York City is if workers know their rights and they report violations to us so we can take actions like this one.
Commissioner Levine: How many people are the settlement expected to pay out?
Mayor Mamdani: I've memorized this. 830 workers will be receiving checks that range from as little as maybe $50. But there are some who had so many of their protections violated that they will receive around $13,000. And that is just from the settlement that we're announcing today.
Now, the enforcement that is going to be pursued against the Dunkin' Donuts franchise owner on Staten Island, [is] about a thousand additional workers. And what we're seeing is a reluctance from that franchise owner to own up to these violations and the necessity, therefore, for DCWP to take them to court to win the kind of settlement that these workers deserve.
Commissioner Levine: Mayor, for the folks who are just joining us, maybe you can answer a question. Which forms do workers need to fill out to get this money back?
Mayor Mamdani: None. That's a trick question. I was initially quite panicked. I had no idea which forms I was supposed to have remembered. No forms, because this money will be sent to you via direct deposit if you have an account on file. And if you don't, the city is going to send you a check. And that's what's so exciting here, is we're trying to break down the barriers that have typically inhibited workers from being able to enjoy not only their rights, but when their rights are violated, the restitution that comes from that.
Commissioner Levine: Absolutely. All right. Ready for some more questions? Let's do it.
Mayor Mamdani: And if you have any other ones, send them in the chat.
[Crosstalk.]
Commissioner Levine: Would this affect the working class across the board eventually and not just fast-food workers?
Mayor Mamdani: DCWP's remit is to protect consumers and workers across the board in this city. And earlier, someone was asking, how does this impact affordability? It's hard enough to afford to live in the city. Imagine working in the city and then not getting what you're owed. That makes it feel like it's an impossible endeavor to continue to live here. And so, what we're doing is showing any employer that is operating outside the bounds of the law that it's not a question of if, it's a question of when we're going to hold you accountable.
Because the time has actually come for workers to be able to live in the city. And part of the way we do that is by actually enforcing their rights and protections. We are now going to head - after having answered many questions -
[Crosstalk.]
Commissioner Levine: All right. What should working-class and middle-class workers do when they see violations at work?
Mayor Mamdani: Call 311. Go to nyc.gov/workers and tell anyone you know that they can do the same. We want workers to not only feel comfortable but also empowered to report these kinds of violations. It is against the law for you to face any retaliation for making a complaint. I know that many workers are fearful of speaking up, but know that you are protected under the law, and this is an administration that will ensure those protections are actually delivered.
Commissioner Levine: And the more workers that file complaints, the more cases we can bring, the more money we can get back to people. And at the end of the day, the more we hope companies will actually comply with the law and treat the workers better.
Mayor Mamdani: The end goal here is not lawsuits. The end goal here is compliance. And if it takes lawsuits to get to compliance, we're willing to do that.
Commissioner Levine: Absolutely. All right. This is specifically for the mayor. A lot of working-class people care about upward mobility, not just stability. What is your plan for helping people move up and not just stay afloat?
Mayor Mamdani: I think that's a beautiful question. This is also sadly our last question.
Commissioner Levine: We better get some more doughnuts. You better get some munchkins in.
Mayor Mamdani: We don't want this to be a city where people are just gasping for air. We want this to be a city where they can build a life of stability. And so, so much of this is not just about how [we] can protect that which workers already have. It's also about how [we] can ensure that it's easier for workers to live in the city. You know, recently, nurses were on strike in our city. And I went out on the picket line to stand with them a number of times. And there were some articles written about, you know, "Is it typical for a mayor to actually stand with workers on the picket line, should they not adopt more of a position of neutrality?"
And I believe we cannot take a position of neutrality when we're looking at workers being priced out of the very city that they have helped to build. We need to do everything we can to ensure that people are being paid wages that they can actually collect and that people are actually able to live off of those wages. And so, in addition to everything we do under DCWP, for example, we're also doing so much more across the breadth of City government. Whether it's universal childcare, where, for the first time in New York City history, we're delivering free childcare for two-year-olds, starting with 2000 spots this year, putting more than $20,000 back in the pockets of working-class parents, so they can build a better life, so they can have that upward mobility.
And then, there are many workers whose dream after they've been working at a business is to own their own business. We also are doing incredible work at the Small Business Services of New York City government, where we are launching a loan program where you can apply to actually get your business off the ground. So, for us, it's never enough about just fighting off the violations. We also have to have an affirmative vision, and that's also what excites us each and every day.
Commissioner Levine: But today, I think what we're most excited about - other than the donuts and the crunch wrap and the Mexican pizza and the Baja Blast - $2 million almost back in the pockets of more than 800 workers.
Mayor Mamdani: It is incredible. And you have done great work.
Commissioner Levine: Well, thank you. And thanks also to the incredible team at DCWP. You have some great, hardworking city employees working every day to make life better for New Yorkers.
Mayor Mamdani: And we are really thankful. Because the city employees, many of whom you all will never get a chance to meet or know their names, they are the magic that keeps the city moving. And it is really a joy to be one part of that administration and to be leading that administration. And this has really been, this has been a great time.
Commissioner Levine: It's especially a joy when we get to sit down and have a proper lunch. All the food groups represented.
Mayor Mamdani: Yes, very, very, very healthy. Don't violate your employees' work hours and protections because we will be forced to come after you and then have a Baja Blast and talk about it.
Commissioner Levine: Thank you very much. Cheers, mayor.
Mayor Mamdani: Cheers.
