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New York State Department of Labor Scraps Proposed “Call-In Pay” Regulations – For Now

On March 1, 2019, the New York State Department of Labor (NYSDOL) announced that it is no longer pursuing predictive scheduling regulations (or “call-in pay”) that would have affected most employers in the state. For the time being, New York employers do not have to worry about pending statewide regulations regarding call-in pay. Keep in mind, however, that New York City employers are still subject to the Fair Workweek Law.

The proposed NYSDOL regulations would have required employers provide “call-in pay” ranging from two to four hours at the minimum wage in these scenarios:

  • if the employee reports to work and is sent home early,

  • when a shift is scheduled less than 14 days before the start of the shift,

  • when shifts are cancelled less than 72 hours before the start of the shift,

  • when an employee is required to be in contact less than 72 hours before the shift to find out whether to report for that shift, and

  • when an employee is required to be on call.

The NYSDOL decided to let the proposed regulations expire after receiving “extensive feedback” during the comment period, and issuing a subsequent round of revised regulations that included exemptions. The NYSDOL did, however, expressly leave open the possibility of re-evaluating predictive scheduling laws in the future with the New York State Legislature.  Stay tuned for future developments in this area.

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About this Author

Jillian de Chavez-Lau Labor Employment Attorney

JILLIAN DE CHAVEZ-LAU is an Associate in the Employment, Labor & Workforce Management and Litigation & Business Disputes practices, in the New York office of Epstein Becker Green.

Ms. de Chavez-Lau:

  • Assists in the representation of clients in labor and employment-related litigation involving breach-of-contract disputes and other matters
  • Regularly appears in federal and state courts and before administrative agencies
  • Advises on complex commercial litigation issues, including securities law and arbitrability.