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LeadingAge NY Comments on Revised Call-in Regulations

LeadingAge NY has filed formal comments on revised proposed regulations from the New York State Department of Labor (DOL) which would expand pay requirements for “just-in-time,” “call-in,” or “on-call” scheduling of workers. While we appreciate DOL’s revisions to the regulations offering new exemptions and a “safe harbor” to employers, we expressed several concerns and questions about how the regulations will affect long term care and senior services providers.

While long term care providers were not exempted entirely from the call-in regulations as we had previously recommended, the revised regulation provides an exception to “call-in” pay requirements which would apply to “…employees whose duties are directly dependent on weather conditions, or to employees whose duties are necessary to protect the health or safety of the public or any person, or to employees whose assignments are subject to work orders, or cancellations thereof…” In our comments, we seek clarity on exactly which types of employees would be covered by this “health and safety” exception and whether temporary staffing agencies would also be covered. LeadingAge NY’s comments also address other exceptions in the regulations and potential costs of compliance for employers.

Our Dec. 11th Intelligence story provides further background on the revised proposed call-in regulations. LeadingAge NY will keep members posted on this important subject.

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