Proposed Revisions to On-Call and Call-In Pay Requirements

The New York State Department of Labor has proposed regulations for on-call and call-in pay requirements. The new regulations would “impose new requirements on employers who schedule employees for on-call shifts and cancel or assign shifts within certain time periods of the scheduled start time of the shift”. Included in the proposal are payment for employees who work at the “request or permission of the employer”, those who work an unscheduled shift, and those who have a shift cancelled within 72  hours of their scheduled start.

According to JD Supra, “the proposed regulations would require employers to:

1. Pay employees who report to work by request or permission of the employer and for whom no work is available a minimum of 4 hours pay
2. Pay employees who come to work for a shift not scheduled at least 14 days in advance an additional 2 hours of call-in pay
3. Pay employees who have a shift cancelled less than 72 hours prior to the scheduled start of that shift at least 4 hours of call-in pay
4. Pay employees who are required to be available to report to work at least 4 hours of call-in pay
5. Pay workers who are asked to call the employer within 72 hours of the start of the shift to confirm whether to report to work at least 4 hours of call-in pay”

For more information on the proposed changes as well as exceptions, please click here.