2018 IRS Statement Withholding - TBM Payroll
IRS Statement – Withholding for 2018
January 9, 2018
Initial Labor Law Determination - TBM Payroll
New York Consolidated Laws, Labor Law – LAB § 597. Initial Determination
January 11, 2018
Show all
0

Employee Scheduling Regulations

Employee Scheduling Regulations - TBM Payroll

Here is one of the latest statements and questions and answers regarding Employee Scheduling Regulations from the Department of Labor website.

Employee Scheduling Regulations

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 hearing@labor.ny.gov.

The Department of Labor developed these regulations after conducting four hearings and receiving testimony. See the details of the hearings.

Frequently Asked Questions

What is the subject of the proposed rulemaking for call-in pay?

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.

Which industries and occupations does the proposed rulemaking apply to?

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.

Doesn’t call-in pay already exist under current law?

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.

What are the new requirements?

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”).

What are some examples of call-in pay under existing law and under the proposed rulemaking?

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):

  • Reporting to work: If an employee is sent home early after working only 1 hour, then 4 hours of call-in pay would be required, with the first hour of actual attendance at the employee’s regular rate of pay and 3 additional hours at the minimum wage;
  • Unscheduled shift: If an employee works a shift that was not scheduled 14 days in advance, then the 2 hours of call-in pay would be required at the minimum wage, in addition to any wages earned during the shift;
  • Cancelled shift: If an employee’s shift is canceled less than 72 hours before the shift then 4 hours of call-in pay would be required at the minimum wage;
  • On-call: If an employee is on call, but doesn’t end up working then 4 hours of call-in pay would be required at minimum wage; and
  • Call for schedule: If an employee is asked to call in to see if they have to work less than 72 hours before a shift then 4 hours of call-in pay would be required at minimum wage.

Click here to view the full article.