Action Needed - New York

Action Needed - New York

December 12, 2017
Advocacy Alerts

The New York Department of Labor is considering a new regulation that would require employers to pay a minimum number of hours to people they have on call, according to a recent article written by USA Today’s Natasha Vaughn:

The Labor Department held four public hearings on the topic of employee scheduling this fall.

The hearings focused on scheduling tactics that affect minimum-wage workers and concerns expressed around “on-call,” “just-in-time” and “call-in” scheduling.

The issue some had expressed with these types of scheduling methods is that employers were able to schedule or cancel an employee’s shift without a lot of notice for the employee, which can cause issues with employees who have to find child care or who may have other obligations.

Sometimes with this type of scheduling, employees report for a shift only to be sent home shortly after if they are not needed.

The new regulation does not take into consideration weather-related businesses, such as snow and ice management, where individuals go into action when it snows.

We need every New York snow and ice contractor, every one of your employees, and every one of your service providers and their employees to send a note to the Department of Labor at

The note should read:

Subject: Call-in Pay
Message: The new regulation for the Call-in Pay needs to specifically exempt the professional snow and ice management industry. Our entire business is weather related. We are “on call” every day during the winter. Forcing our industry to pay for call-in hours is impossible and will eliminate our industry.