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They're Out! New York Department of Labor Tosses Proposed "Call-In Pay" Regulations Following Public Outcry

March 7, 2019

New York employers have one less administrative headache to deal with - at least, for now.

The New York State Department of Labor (DOL) has announced that, as of March 1, 2019, it will not implement proposed regulations concerning "call-in," "just-in-time" or "on-call" scheduling requirements - more commonly known as the "predictive scheduling regulations" - that would have affected most employers throughout the state. The DOL decided to shelve the proposed regulations, introduced in late 2018, in response to the extensive and extraordinarily negative feedback it received during the public comment period.

Had they become effective, the proposed regulations would have required employers to provide certain employees with "call-in pay," equal to between two and four hours of work at the state's minimum wage, in a variety of scenarios.

Although the DOL has rescinded the proposed regulations, it leaves open the possibility that it will reintroduce them in the future, perhaps modified in some way, or that the state legislature will examine the existing law and consider amendments it deems appropriate.

Employers in New York City should note that they must still comply with the city's Fair Workweek Law, which you can read about in our prior alert.

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Drogin, Laurent S. Partner and Chair of Labor and Employment Practice and Co-Chair of Restrictive Covenant Practice Partner and Chair of Labor and Employment Practice and Co-Chair of Restrictive Covenant Practice 212.216.8016 VCard
Hershberg, Jonathan S. Associate Associate 212.216.8009 VCard

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