Predictive Scheduling Changes No Longer Going into Effect

Recently, we released a blog about predictive scheduling changes that the New York Department of Labor had proposed putting into effect. Their proposed changes would have required employers to pay employees for schedule changes that involved reporting to work, for an unscheduled shift (not scheduled 14 days in advance), a cancelled shift, and pay for being on call.

However, pressure from employers resulted in the NY DOL withdrawing its decision to move forward with these changes. The predictive scheduling rules would have resulted in additional costs and rigidity that would have been a significant problem for employers.

The most encouraging aspect of this outcome is that employers were able to express their disagreement, and their concerns received attention. It appears that the DOL agreed that the employers’ concerns had merit.

However, the DOL’s change in decision does not preclude future attempts on the part of the NY Legislature to raise the scheduling issue again.

Scheduling Rules that Are Still in Effect

New York State has scheduling limitations and required payments that remain in effect. They include:

• Spread of hour pay when employees work a split shift or a shift that extends more than 10 hours from the beginning of the first shift through the final shift. The split shift and spread of hours pay is equal to one hour at the minimum wage rate. (NY State Department of Labor)
• Employees in certain industries must receive split shift payment for working nonconsecutive hours.
• Employers must provide call-in pay for employees working less than three or four hours
• Employers may not schedule employees to work more than seven days in succession.

Our attorneys at Stephen Hans & Associates keep up-to-date with wage and hour law and other employment law changes. We are glad to answer your questions. We have decades of experience assisting employers with many different types of employment related issues.