News & Analysis as of

On-Call Employees

Keep Rollin’ Rollin’ Rollin’: DOL Reissues 17 Opinion Letters That Had Been Withdrawn Under the Obama Administration

by Dickinson Wright on

In late June 2017, the United States Department of Labor (DOL) announced it would be reinstating Opinion Letters issued by its Wage and Hour Division, which was a practice that had ceased back in 2010. This announcement is...more

NYSDOL Proposes Regulations Enhancing an Employee’s Entitlement to Call-In Pay

by Davis Wright Tremaine LLP on

The New York State Department of Labor (the “NYSDOL”) has proposed regulations revising the “call-in” pay requirements of the Minimum Wage Order for Miscellaneous Industries and Occupations (“Wage Order”). Covered employees...more

Admissions Director Exemption Issue May Impact Whether She Is Entitled To Pay For On-Call Hours

by Fox Rothschild LLP on

I have blogged about and have long been concerned about working time issues and what constitutes compensable work hours. One of the thorniest of these issues is on-call time and when, if at all, on-call hours become working...more

Pier 1 Settles Class Action Over Call-In Shifts for $3.5 Million

by Bryan Cave on

Pier 1 Import has agreed to pay $3.5 million to settle a class action lawsuit brought on behalf of about 9,300 retail store associates in California. The lawsuit alleged the company owed workers pay for when they are...more

New York Rings In New Year With Wage & Hour Presents: A Preview Of Upcoming Changes

by Jackson Lewis P.C. on

While the federal minimum wage for non-exempt employees has remained unchanged at $7.25 per hour since 2009, and the federal salary level for exempt employees has been stymied in litigation and rulemaking since 2014, New York...more

Employers May Face Steep Reporting Time Pay Obligations for Requiring Workers to Be On Call

by Bass, Berry & Sims PLC on

On November 29, 2017, a California Superior Court judge ruled that employers that require employees to set aside time for a shift and have them call in to determine if they will indeed be working are required to pay employees...more

New York Proposes Regulations On Employee On-Call And Call-In Pay

by Fox Rothschild LLP on

The New York State Department of Labor published proposed regulations to the Miscellaneous Industries and Occupations Wage Order in the New York State Register addressing so-called “just in time,” “call-in” or “on-call”...more

Regulations Adopted for Retail and Fast Food Establishments Under NYC “Fair Workweek” Law

by Davis Wright Tremaine LLP on

The NYC Department of Consumer Affairs has adopted regulations regarding the Fair Workweek Law (“FWL”), which place detailed requirements that severely limit the flexibility and operational discretion of covered employers...more

Act Now Before It’s Too Late: What New York Employers Should Do Before the New Year

by Epstein Becker & Green on

This has been a busy year for New York employers, especially those with offices in New York City. As we near the beginning of 2018, there are many changes that have recently gone into effect (or will soon go into effect) that...more

New York State Department of Labor Proposes Regulations on Employee Scheduling

by Epstein Becker & Green on

On November 22, 2017, the New York State Department of Labor (“NYSDOL”) published proposed call-in pay regulations (“Proposed Regulations”) in the New York State Register. The Proposed Regulations are subject to a 45-day...more

New York DOL Proposes New Regulations for “Call-In” Pay and Employee Scheduling

by Hogan Lovells on

New York employers may soon be subject to new scheduling and pay requirements pertaining to their non-exempt employees who work “on-call” shifts. New York Governor Andrew Cuomo recently announced that the New York State...more

DOL Proposes On-Call and Call-In Pay Requirements

by Hodgson Russ LLP on

The New York State Department of Labor has released proposed regulations that would revise the on-call and call-in pay requirements specified in the Wage Order for Miscellaneous Industries and Occupations. ...more

New York State Department of Labor Issues Draft Regulations Restricting Call-In Pay Practices

On November 10, 2017, the New York State Department of Labor (NYSDOL) released draft regulations that would amend the rules for scheduling employees covered by the Minimum Wage Order for Miscellaneous Industries and...more

“Call-In Pay” for “On-Call” Work: New York’s Proposed Employee Scheduling Rules

The New York State Department of Labor has introduced its proposed rules, to address the practice of “on-call” scheduling (also called “just-in-time” or “call-in” scheduling), which the Department describes as “common...more

Just in Time for the Holidays

by Blank Rome LLP on

New York State is considering new regulations that will restrict the ability of service industry employers to utilize “on-call” or “just in time” scheduling practices for shift workers. These scheduling practices are common...more

New York State Jumps on the Predictive Scheduling Bandwagon and Issues Proposed Scheduling Rules

by Littler on

On the eve of the November 26, 2017 effective date of New York City’s own predictive scheduling regulations that affect retail and fast food employers, the New York State Department of Labor has issued proposed predictive...more

Shifty Business III: NYS Proposes Rules Requiring Pay for On-Call Scheduling Practices

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Proposed rules released by the NYS DOL would require employees to be paid for time not worked due to on-call scheduling practices....more

New York Proposes New “Call-In” Pay and Scheduling Requirements

by Bond Schoeneck & King PLLC on

Employers in New York will be subject to new “call-in” pay and scheduling requirements under recently-proposed state Regulations. Governor Andrew Cuomo recently announced these proposed Regulations, which the New York State...more

New York State to Address Employee Scheduling

by Fisher Phillips on

New York City’s Fair Workweek Law takes effect on November 26, 2017, thereby limiting the scheduling options and reducing the flexibility of retail and fast food employers. Not to be outdone, New York State is about to add...more

New York Department Of Labor Proposes Scheduling Regulations

by Jackson Lewis P.C. on

Big changes may be in store for employers in New York who require employees to be “on call” or who are accustomed to making quick changes to employee schedules, including canceling shifts when customer or client demand...more

New York City Issues Proposed Rules For Fast Food, Retail Workers Scheduling Law

by Jackson Lewis P.C. on

The New York City Department of Consumer Affairs (DCA) has issued proposed rules for the implementation of the Fair Workweek Law in an attempt to clarify and assist employers with compliance. The Law is intended to reform...more

Rules Proposed For NYC’s Fair Workweek Law

by Fisher Phillips on

New York City’s Department of Consumer Affairs (DCA), the agency tasked with enforcing the city’s new “Fair Workweek Law,” recently issued proposed rules to implement the legislation and provide guidance to covered employers...more

Reminder To NYC Employers: New Fair Workweek Laws Become Effective November 26, 2017

by Cole Schotz on

The controversial New York City Fair Workweek laws are scheduled to go into effect on November 26, 2017 at the conclusion of Thanksgiving weekend. We previously blogged about the new laws shortly after their enactment...more

Predictable Schedules – A Right, Not a Privilege, in NYC Fast Food and Retail Industries

by BakerHostetler on

Earlier this year, New York City signed into law the “Fair Work Week” legislative package, which aspires to ensure more predictable schedules and paychecks for fast food and retail workers by setting restrictions on how and...more

Uber Forced To Carry On Its Defense Of 'On Call' Claims

by Fisher Phillips on

In a case previously discussed by my colleague Linda Gulledge, a federal judge in eastern Pennsylvania has rebuffed Uber once again in its attempt to rid itself of potentially expensive wage claims. In December 2016, as Linda...more

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