ECA News

ARTICLE

Date ArticleType
3/4/2019 Industry News
NYSDOL Drops Call-In Scheduling Rules

We are happy to report that the state's proposal that would have required employers to pay workers for scheduling changes with less than two weeks' notice, has been rescinded. ECA has been against these rules since they were first proposed and is pleased to see that the DOL has come to its senses.

According to the DOL, it was realized that the one-size-fits-all approach didn't work for every industry after holding hearings and taking public comments.

The proposed state rule would have required employers to notify workers of their schedules 14 days in advance. If a shift is canceled within 72 hours of its scheduled start, the employer would have had to pay workers four hours of call-in pay. There was an exception for "an act of God or other cause not within the employer's control," which would have allowed the employer to notify workers 24 hours in advance instead.

"At this time, due to the constraints of the regulatory process, the best course of action is to let this process expire and re-evaluate in the future, likely in concert with the Legislature, which would have a broader authority and better legal standing than Department of Labor regulations alone to balance the various needs of workers, businesses and industries," per a statement from the DOL.

We will update you if an legislation is proposed on this issue in the future.