Pursuant to anticipated new “predictable scheduling” regulations, New York employers may soon have to provide employees with “call-in pay” for certain unworked hours. Among other provisions, the proposed regulations—public comment for which closed on January 11, 2019—would require covered employers to provide employees with at least 14 days’ notice of certain scheduling changes. For shifts that are cancelled within that period, covered employers would have to pay employees at least two hours of “call-in pay;” shifts cancelled within 72 hours would merit four hours’ pay. Similarly, in instances where employees show up for scheduled shifts, but are then told not to work, covered employers would be required to pay the lesser of four hours’ pay or pay in exchange for the number of hours for which the shift had been scheduled. Call-in pay rates will vary depending upon the circumstances. As employers may, by undertaking certain proactive measures, avail themselves of “safe harbors” under these potential new regulations, it is important to begin planning for these changes as soon as possible.

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