RESTAURANT LAW CENTER v. CITY OF NEW YORK

No. 22-491-cv August Term 2022.

90 F.4th 101 (2024)

RESTAURANT LAW CENTER, New York State Restaurant Association, Plaintiffs-Appellants, v. CITY OF NEW YORK, Vilda Vera Mayuga, in her Official Capacity as Commissioner of the New York City Department of Consumer and Worker Protection, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 5, 2024.


Attorney(s) appearing for the Case

William R. Peterson ( Leni D. Battaglia , James D. Nelson , on the brief), Morgan, Lewis & Bockius LLP, Houston, TX, for Plaintiffs-Appellants.

Angelo I. Amador , Restaurant Law Center, Washington, D.C., for Plaintiffs-Appellants.

Elina Druker ( Richard Dearing , Claude S. Platton , on the brief), for Hon. Sylvia O. Hinds-Radix , Corporation Counsel of the City of New York, New York, N.Y., for Defendants-Appellees.

Barbara D. Underwood, Solicitor General (Ester Murdukhayeva, Deputy Solicitor General & Stephen J. Yanni, Assistant Solicitor General, on the brief) for Letitia James, Attorney General of the State of New York, New York, N.Y., for Amici Curiae States of New York, California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Mexico, Oregon, Pennsylvania, Rhode Island, and Washington, and the District of Columbia in support of Defendants-Appellees.

Before: Parker and Nathan, Circuit Judges.


In December 2020, the New York City Council amended the City's Fair Workweek Law to provide additional employment protections for workers in the fast-food industry. Specifically, the amendments enacted the Wrongful Discharge Law, which protects employees of large fast-food chains in New York City from arbitrary terminations...

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