“Call-in pay”

A New York State labor regulation entitled “Call-in pay” requires employers to pay employees  four hours’ pay at the minimum wage if they report for work and are sent home before completing at least four hours of their shift.  (Three hours for Hospitality employees.)  Some employers have policies which require employees to call in to find out if they should report for work on that day.  If they are not required to report, they receive no pay under those policies.   The NYS Attorney General  has notified a number of employers that the NY “Call-in pay” regulation applies to those circumstances, and employees who call in pursuant to such a policy and are told to not report for work must be paid four hours’ pay at the minimum wage rate. (Three hours for Hospitality employees.) The Attorney General’s rationale is that such a policy prevents the employee from scheduling another job, scheduling child care, or otherwise having sufficient notice to schedule other activities in the same way that actually reporting for work and being sent home impacts the employee. The Attorney General’s position has not been tested in court, but several employers have discontinued the policy after receiving the letter from the Attorney General.

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