Here is one of the latest statements and questions and answers regarding Employee Scheduling Regulations from the Department of Labor website.
The Department of Labor has filed proposed rulemaking to address what is commonly identified as “just-in-time,” “call-in” or “on-call” scheduling.
Read the text of the proposed rule.
The full rulemaking package will appear in the November 22, 2017 issue of the State Register, and will be subject to a comment period for 45 days from that publication date. To submit a comment on this proposed regulation, please email email@example.com.
The Department of Labor developed these regulations after conducting four hearings and receiving testimony. See the details of the hearings.
The proposed rulemaking for call-in pay concerns employee scheduling practices, including just in time scheduling and on-call scheduling, which are common practices that allow employers to cancel or schedule shifts hours before or after the start of a shift.
It applies to all industries and occupations that are covered by the Minimum Wage Order for Miscellaneous Industries and Occupations (12 NYCRR Part 142). That wage order covers all industries and occupations that are not exempt from the minimum wage law, and that are not covered by separate minimum wage orders for hospitality (12 NYCRR Part 146), building service (12 NYCRR Part 141), and agriculture (12 NYCRR Part 190). See Proposed Rule at opening paragraph.
Yes, current law already requires four hours of call-in pay at the minimum wage when an employee reports to work and is sent home early (“reporting to work”). 12 NYCRR Part 142 at § 142-2.3.
Under the proposed rule, call-in pay is also required when shifts are cancelled or scheduled at the last minute. See Proposed Rule at (a)(1) (“reporting to work”) and (a)(2)-(5) (“new requirements”). Specifically, four hours of call-in pay is required when a shift is cancelled less than 72 hours before the start of the shift (“cancelled shift”), when the employee is required to be in contact less than 72 hours before the shift to find out whether to report to work for that shift (“call for schedule”), and when the employee is required to be available to report to work (“on-call”). Two additional hours of call-in pay is required when as shift is scheduled less than 14 days before the start of the shift (“unscheduled shift”). See Proposed Rule at (a)(2)-(5) (“new requirements”).
The following examples reflect common employee scheduling practices and illustrate the types and amounts of call-in pay that would generally be required under the proposed rulemaking, absent any special exemptions or circumstances. See Proposed Rule at (a)(1)-(5) and (b)(1)-(4):
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