The New York State Department of Labor’s released draft regulation that would require employers pay employees, who come to work for a shift not scheduled a minimum of 14 days in advance, an additional two hours of call-in-pay. Employers are also required to pay employees, who have a shift cancelled less than seventy-two hours prior to the start of their shift, an additional four hours of call-in-pay. It would also require employers that ask workers to call within 72 hours of the beginning of the shift to confirm whether or not to report to work, to pay an additional four hours of call-in-pay.

There are several exceptions to the call-in-pay requirements including: employees covered by a collective bargaining agreement, when workplace operations cannot continue based on an act of God or employees during work weeks when their weekly wages exceed 40 times the applicable basic hourly minimum wage rates. A more detailed description of the draft regulation is included here.

NYSBA would greatly appreciate your help on this issue.  Please contact Lew Dubuque and let us know how this would impact your business.