2019-March 7: New York State Department of Labor Abandons (for Now) Proposed “Call-In” and Scheduling Regulations

New York State Department of Labor Abandons (for Now) Proposed “Call-In” and Scheduling Regulations

In January 2019, we reported that the New York State Department of Labor (“DOL”) had, for the second time, issued proposed new “call-in” and scheduling regulations.  Those regulations would have expanded when employers covered by the Minimum Wage Order for Miscellaneous Industries and Occupations (“Wage Order”) had to pay overtime non-exempt employees call-in pay, as well as imposed new obligations to pay such employees for unscheduled shifts, cancelled shifts, on-call time and callfor-schedule shifts. In an unexpected about-face that will allow New York employers to maintain their existing scheduling flexibility, the DOL announced last week that it was allowing the proposed regulations to expire.

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