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.