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Labor Department Proposes Employee Scheduling Regulations

The New York State Department of Labor (NYSDOL) has just issued proposed regulations governing “just-in-time,” “call-in,” or “on-call” scheduling of workers. The regulations, which will be published in the State Register for official comment on Nov. 22nd, will expand the circumstances under which employers must provide on-call pay. As previously reported in Intelligence, NYSDOL conducted four public hearings this fall to gather input on the subject.

Under existing regulations, employers must pay employees for at least four hours of call-in pay if they report to work by request or permission of the employer. The proposed regulations would further expand on-call pay to apply when: (1) an employee reports to work for any shift that hasn’t been scheduled at least 14 days in advance (an additional two hours of call-in pay is required); (2) an employee’s shift is cancelled within 72 hours of the start of the shift (the employee must be paid for at least four hours of call-in pay); (3) an employee is required to be on-call to report to work for a shift (he/she must be paid for at least four hours of call-in pay); and (4) an employee is required to contact the employer within 72 hours of the start of the shift to confirm whether to report to work (he/she must be paid for at least four hours of call-in pay). Unless the employee actually reports and works, these additional call-in hours would be paid at the minimum wage rate.

Exceptions are provided in the proposed rule for: (1) employees covered by collective bargaining agreements that expressly provide for call-in pay; (2) workers who “volunteer to cover” another worker’s shift; (3) certain cancellation of shifts due to emergencies (e.g., weather, etc.); (4) employees during work weeks when their weekly wages exceed 40 times the applicable basic hourly minimum wage rate (except when the employee actually works the added time); and (5) new employees offered new shifts without a premium during the first two weeks of their employment.

A detailed summary of how the new regulations would work is provided in a memo from Hinman Straub, LeadingAge NY’s general counsel. LeadingAge NY is interested in hearing from any members that have concerns or suggestions on the proposed regulations.

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