On February 26, 2019, I presented a complimentary webinar called “NY Predictive Scheduling Regulations.” For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience.
Update: Soon after I presented this webinar and posted this blog entry, the New York State Department of Labor indicated that it is no longer planning to implement these regulations. However, a DOL spokesperson indicated they would continue to consider alternative approaches to the issue, including possible legislative action.
In the webinar, I discuss:
- Call-in Pay
- On-Call Pay
- Scheduling Requirements
- Gaps & Exceptions
These proposed regulations from the Department of Labor would apply statewide. As proposed, they would cover all industries and employers except government employees and those in the hospitality (hotel/restaurant) industry, building services industry, and farming. However, it is likely that additional regulations will expand similar requirements in at least the hospitality industry in the future.
Why You Should Watch “NY Predictive Scheduling Regulations”
The NYS Department of Labor has proposed these rules twice: First in November 2017, then again, with limited revisions, in December 2018. The public comment period ended in January 2019. At this time, we anticipate that the DOL will go forward with implementing these rules (perhaps with additional edits) without much additional delay.
These rules are much more complex than the existing requirements in this area. In essence, they replace one relatively minor regulation with meaningful new provisions that might require employers to pay their employees additional compensation for:
- Reporting to work for less than 4 hours
- Requiring employees to work unscheduled shifts
- Cancelling scheduled shifts with less than 14-days’ notice
- Being on-call
- Requiring employees to call-in to confirm their schedule
At the time of this webinar, these rules were not yet in effect. However, they could be soon, with a relatively short time for employers to come into compliance. Make sure you know what’s probably coming to maximize your opportunity to respond.