The New York State Department of Labor (“NYSDOL”) has announced that after receiving extensive feedback, it will no longer proceed with implementing regulations concerning “call-in” or “on-call” pay. The proposed regulations were primarily geared towards the retail industry, and sought to alleviate the scheduling uncertainty that workers purport to experience. However, most employers found that the proposed regulations were too broad and unworkable for their businesses. Employers voiced these concerns throughout the comment period, which prompted the NYSDOL to reverse course.

The Regulations Proposed in December 2018

As we previously reported, in December 2018 the NYSDOL released proposed regulations that revised and expanded employers’ obligations concerning pay for employees covered by the Miscellaneous Wage Order. The Miscellaneous Wage Order applies to all New York employees, unless an employee is covered by the New York Hospitality Industry Wage Order or the New York Minimum Wage Order for the Building Service Industry.

Specifically, the December 2018 proposed regulations set forth new standards for reporting to work pay, cancelled shift pay, on-call pay, and the call-for schedule. Following the publication of the proposed regulations, there was an extensive comment period in which employers informed the NYSDOL of how the proposed regulations would affect their businesses.

New York City Call-In Pay Requirements Remain Intact

While the State’s decision not to pursue call-in pay regulations at this time is a welcome relief to many employers, employers in New York City must continue to comply with the City’s Fair Workweek Law and Temporary Schedule Change Law. The Fair Workweek Law, which is aimed at retail establishments, generally requires employers to provide two weeks’ notice before schedule changes. The Temporary Schedule Change Law permits most employees to take up to two personal days per calendar year for “personal events” including care for a minor or disabled person, to attend a legal proceeding or for any reason that would qualify under New York City’s Paid Safe and Sick Leave Law.

Takeaway for Employers

While the proposed regulations will not be implemented at this time, the NYSDOL indicated that the topic of call-in pay will be revisited by the New York State Legislature. We will keep you informed of any new developments.

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We are of course available to assist in drafting and reviewing posters and policies compliant with these wage requirements.

Putney, Twombly, Hall & Hirson LLP