New York DOL Amends Pay Rules for Unscheduled and Cancelled Shifts

Employers Must Pay Workers for Schedule Changes

Unscheduled and cancelled shifts will cost employers who will owe employees more wages based on predictive scheduling rules.

The New York Department of Labor (NYDOL) made amendments on predictive scheduling in the New York Codes, Rules and Regulations (NYCRR) that affect all New York State employers. (Note: the hospitality industry is subject to the Hospitality Wage Order previously in existence.)

Reporting to Work

If an employee reports to work for any day shift, the employer must pay the employee for at least four hours of work or for the number of hours in the regularly scheduled shift, whichever is less. This is referred to as call-in pay.

Unscheduled Shift

When an employee reports to a shift (based on employer’s request or permission) for work hours not scheduled 14 days in advance of the shift, the employee receives two hours of call-in pay.

Cancelled Shift

If the shift is cancelled within 14 days of being scheduled, the employer must pay the employee for at least two hours of call-in pay.

If the shift is cancelled within 72 hours in advance of the scheduled start of shift, the employer must pay the employee four hours of call-in pay.

On-call

An employee working on call (required availability for any work shift) must receive at least four hours of call-in pay.

Call for schedule

When an employee must be in contact with an employer within 72 hours of start of a shift to confirm whether to report to work, the employer must pay the employer for at least four hours of call-in pay.

How to Calculate Call-in Pay?

Employers must pay for actual attendance at the employee’s regular rate or the overtime rate if the work qualifies as overtime.

Employers should calculate other hours of call-in pay (not time worked or work performed) at the basic minimum hourly rate.

If you would like to ask our attorneys at Stephen Hans & Associates about NY wage and hour laws, we are glad to answer your questions. We provide employers with legal assistance for many different types of employment related issues.

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