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This Week in Government Affairs

Staff Contact: Ken Pokalsky
November 10, 2017

DOL Releases New Rules Regarding Employee Scheduling

Today, the NYS Department of Labor released draft regulations aimed at curbing certain employer staffing practices. Specifically, the regulations center on the practices of “on-call” and “call-in” scheduling. These proposed rules would revise the call-in pay requirement of the Minimum Wage Order for Miscellaneous Industries and Occupations (12 NYCRR Part 142). 

In brief, these rules would: 

Call-in pay will be calculated at the basic minimum wage for your area and employer size. It is not considered hours worked for the purposed of calculating overtime.

For example, in 2018 (when these rules are likely to be in place) if an Upstate employer asks an employee to work a shift which was not scheduled at least 14 days in advance – the employer must pay that worker an addition $20.80 (2 hours x the minimum wage - $10.40). 

There are some exceptions. They are:

The State has informed us that these new rules are intended to preempt NYC predictive scheduling laws effective earlier this year. 

The proposed rules will appear in the November 22nd edition of the State Register. Interested parties will have 45 days to comment. The Business Council will be submitting comments on behalf of our members and we want to know how these rules would affect your staffing practices. Please let Frank Kerbein know your thoughts as soon as possible for inclusion in those comments. You can reach Frank at frank.kerbein@bcnys.org.