July 19, 2019

July 18, 2019

Subscribe to Latest Legal News and Analysis

July 17, 2019

Subscribe to Latest Legal News and Analysis

July 16, 2019

Subscribe to Latest Legal News and Analysis

New York Labor Department No Longer Pursuing Call-In Pay Regulations

The New York State Department of Labor (NYSDOL) is no longer pursuing regulations on “call-in pay,” or predictive scheduling, that would affect most New York employers.

The regulations would have required employers, among other things, to provide call-in pay (ranging from two to four hours at the minimum wage) if:

  • Employers do not provide non-exempt employees 14 days’ advance notice of their work shift;
  • Employers cancel employee shifts without at least 14 days’ advance notice;
  • Employers require employees to work “on-call”; or
  • Employers require non-exempt employees to report to work but then send them home.

(For more on the proposal, see our article, New York State Department of Labor Issues Revised Proposed ‘Predictive Scheduling’ Regulations.)

After a round of revisions that included several exemptions to the regulations, the NYSDOL has decided to allow the proposed regulations to expire. This development is a relief for employers who would have lost flexibility in scheduling employees and responding to customers’ needs. The proposal also could have had the effect of restricting employers’ willingness to grant employees’ requests for modifications to their schedules or shifts, as doing so might also trigger penalties to employees asked to cover such shifts. The NYSDOL will leave employee scheduling to be determined by employees and employers, at least for now.

While the proposed regulations will no longer be an issue for employers statewide, covered New York City employers (certain fast food and retail employers) are still subject to the Fair Workweek Law. (For details of the Fair Workweek Law, see our article, New York City Issues Proposed Rules for Fast Food, Retail Workers Scheduling Law.) Further, the NYSDOL may work with the New York State Legislature to advance predictive scheduling legislation in the future.

Jackson Lewis P.C. © 2019

TRENDING LEGAL ANALYSIS


About this Author

Jonathan L. Bing, New York, Government Relations, Jackson Lewis Law firm
Principal

Jonathan L. Bing is a Principal in the New York City and Albany, New York, offices of Jackson Lewis P.C.

Mr. Bing represents clients in a broad range of advocacy including advancing legislation in the New York State Legislature and New York City Council; securing funding from State and City budgets for non-profit organizations; advising on cutting through the “red tape” of government, and, defending clients against investigations by the New York State Department of Financial Services and Attorney General. Representative clients include the...

212-545-4006
Office Managing Principle

Lisa M. Marrello is the Managing Principal for the Albany, New York office of Jackson Lewis P.C. She has more than 20 years of experience in legislative and regulatory matters in New York State and New York City governments.

Lisa Marrello is an experienced Government Relations attorney and skilled lobbyist with a 20-year career representing clients before state and municipal governments on matters dealing with all aspects of legislative policy, budgetary analysis, appropriations funding, procurement, and administrative and regulatory matters. Ms. Marrello is a resolute advocate for her clients before the New York State Governor’s Office, New York State Attorney General’s Office, New York State Comptroller’s Office, the State Legislature, and state executive agencies as well as federal and municipal governments throughout the state. Her industry areas of focus include Healthcare, Higher Education, Racing & Gaming, Transportation, and Economic Development.

Professional Associations and Activities

  • Albany Law School Government Law Center, Member, Racing and Gaming Committee
  • Italian American Bar Association
  • M&T Bank, Directors Advisory Council, Albany/Hudson Valley Regions
  • New York State Bar Association
  • New York State Technology Enterprise Corporation, Member, Board of Directors

Education

  • J.D., 1992
Western New England University School of Law
  • B.A. 1988
Siena College
518-512-8700
Jeffrey Brecher, Jackson Lewis, Management Arbitration Lawyer, Labor Litigation Attorney
Principal

Jeffrey W. Brecher is a Principal in the Long Island, New York, office of Jackson Lewis, and is Practice Group Leader of the firm's Wage and Hour practice. He has litigated hundreds of cases, defending management at arbitration, before state and federal administrative agencies and at trial.

Mr. Brecher regularly advises clients on compliance with various state and federal laws affecting the workplace, including discrimination and related claims arising under Title VII, Family and Medical Leave Act, Americans with...

631-247-4652
Richard Greenberg, Jackson Lewis, workplace grievances lawyer, arbitrations litigation attorney
Principal

Richard Greenberg is a Principal in the New York City, New York, office of Jackson Lewis P.C. He advises both unionized and union-free clients on a full-range of labor and employee relations matters.

With respect to traditional labor matters, Mr. Greenberg represents clients in collective bargaining negotiations, labor disputes, grievances and arbitrations, proceedings before the National Labor Relations Board, and in state and federal court. Mr. Greenberg also advises clients on the legal aspects of remaining union-free....

212-545-4080
Thomas Buchan, Jackson Lewis Law Firm, Albany, Government Relations Attorney
Associate

Thomas Buchan is an Associate in the Albany, New York, office of Jackson Lewis P.C.

Mr. Buchan previously served as a legislative fellow in the New York State Senate, where he worked for the Independent Democratic Conference’s Counsel/Program office. In that role he analyzed legislation for active lists and committee agendas, briefed members on legislation, and participated in budget negotiations and budget subcommittee meetings on behalf of the IDC.

Mr. Buchan also previously served as...

518-512-8700