Governor Cuomo has announced new regulations for workers that are “on-call,” or “call in,” scheduling.  These are practices that allow employers to schedule or cancel workers’ shifts just hours before or even after they start.  The Governor says, this leaves workers scrambling to find child care or forces them to miss appointments and events.

The regulations came out of meetings and forums held by labor commissioner Reardon back in September.  After four different hearings and tons of testimony, the regulations are designed to protect the worker but still remain flexibly for the employer.

Here is a breakdown of the regulations:

Workers

  • Establish a 14-day advance notice standard for scheduling and provide 2 hours' extra pay for last-minute assignments.
  • Expand existing reporting pay of at least four hours to now include last-minute cancellations and assignments and on-call shifts requiring workers to be on stand-by to come into work.

Employers

  • Provide flexibility by allowing new shifts to be offered without a premium during the first two weeks of a worker's employment, permitting worker shift swaps and substitutions without penalty and allowing for weather related cancellations without penalty with 24-hours' notice.
  • Impose no blanket prohibitions or mandates - employers retain control over their scheduling practices and those who provide predictable scheduling will see no additional compliance costs.

Once finalized, the regulations will be implemented, statewide.  There is a 45-day comment period, after the regulations are published on November 22.