Employment laws might get tougher for employers in businesses that call workers in at the last minute. Around the holidays, it is especially difficult for certain types of employers, like retail establishments, to predict how much traffic they will get on any given day. Many have traditionally had employees “at the ready” to report to work if needed.
Last week, the NYDOL proposed regulations that would require employees who report to work for a shift not scheduled at least 14 days in advance to be paid an extra two hours of call in pay. Moreover, employees whose shifts are cancelled within 72 hours of the scheduled start time must be paid at least four hours of call in pay. Likewise, those who are required to be available to report to work or who must contact the employer to confirm whether to report must be paid four hours of call in pay.
While these regulations are not set in stone yet, employers must be ready as this is a change that has been a long time coming. The new regulations do come with some exceptions and will not apply to restaurant or hotel workers. We will keep you up to date on these proposals.