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Labor Department Holds Hearings on Employee Scheduling

Governor Cuomo recently announced that the Commissioner of Labor would hold public hearings on employee scheduling concerns. The New York State Department of Labor (DOL) will use these hearings to solicit public comment about “just-in-time,” “call-in,” or “on-call” scheduling of workers. At issue are concerns about employers that cancel these workers’ shifts just before or possibly even after they begin.

The Department is seeking input from various stakeholders on possible ways to ensure that workers can better predict their work schedules. Under existing law, an employee who by request of an employer reports to work on any day is entitled to be paid for the lesser of four hours or the number of hours in his/her shift at the minimum wage. Under consideration is a possible statewide policy relative to payment for “on-call” time.

The hearings are focused on scheduling practices for workers subject to the Minimum Wage Order for Miscellaneous Industries and Occupations, which we understand includes long term care workers subject to the minimum wage. The first hearing was held in Albany on Sept. 28th. The remaining hearing schedule is as follows:




11 a.m.

Symposium Hall, Center of Excellence Building 
Binghamton University Innovative Technologies Complex 
185 Murray Hill Road, Vestal


1 p.m.

Common Council Chamber 
City Hall, 13th Floor, Buffalo


10 a.m.

Adam Clayton Powell, Jr. State Office Building 
Art Gallery (2nd Floor) 
163 West 125th Street, New York City


LeadingAge NY recently discussed this subject at its Nursing Facility Cabinet meeting on Sept. 28th and is interested in hearing from any members that have concerns on this subject. Please contact Dan Heim with any questions or comments.

Contact: Dan Heim, dheim@leadingageny.org, 518-867-8866