Thomson Reuters Practical Law recently featured an Act Now Advisory, “New York State Department of Labor Proposes Regulations on Employee Scheduling,” authored by Steven M. Swirsky, Jeffrey M. Landes, Susan Gross Sholinsky, Jeffrey H. Ruzal, Members of the Firm, and Nancy Gunzenhauser Popper, Ann Knuckles Mahoney, Judah L. Rosenblatt, Associates, in the Employment, Labor & Workforce Management and Health Care and Life Sciences practices, in the firm’s New York office.

Following is an excerpt:

On November 22, 2017, the New York State Department of Labor (“NYSDOL”) published proposed call-in pay regulations (“Proposed Regulations”) in the New York State Register. The Proposed Regulations are subject to a 45-day comment period.[1]

The Proposed Regulations would revise and expand the provisions of New York State’s Labor Law relating to “call-in pay.” These provisions are included in the Minimum Wage Order for Miscellaneous Industries and Occupations (12 NYCRR Part 142 at §§ 142-2.3, 3.3) (“Miscellaneous Wage Order”). The Proposed Regulations would impose call-in pay penalties designed to curtail several scheduling practices that are common among employers, such as on-call scheduling, last-minute cancellations (or new shifts), and call-in requirements. The Proposed Regulations would also amend the definition of “call-in pay” to (i) require employers to provide call-in pay in more situations than required under the law as currently written and (ii) clarify the calculation of call-in pay.

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