In late 2018, the New York State Department of Labor (NYSDOL) issued proposed regulations which address what is commonly known as “just-in-time,” “call-in” or “on-call” scheduling. The proposed regulations were detailed in our December 2018 alert, and would have required businesses to compensate workers for two to four hours of extra pay if shifts were canceled or altered with less than two weeks’ notice.

The proposal, however, was met with much resistance from employers.  The NYSDOL issued a public statement on its website which states that after evaluating substantial feedback, “significant issues remained, and the revisions did not achieve the balance of certainty and flexibility for either workers or businesses.”   Consequently, the NYSDOL announced on March 5, 2019, that it is abandoning the proposed regulations for the time being, and expects to work on the issue with the Legislature to find a solution that accounts for industry-specific needs of both workers and businesses.

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Visit our Labor & Employment Practice Area to learn more about the legal services we can provide in these areas. If you have any questions or would like more information on the issues discussed in this communication, please contact Whitney M. Kummerow.